Have you been charged with the Persistent Contravention of Intervention Orders?
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What does it mean to be charged with persistent contravention of intervention orders?
Section 125A of the Family Violence Protection Act 2008, addresses the offence of persistently contravening a family violence safety notice or family violence intervention order. This section criminalises repeated breaches of these protective orders, emphasising the seriousness of such actions.
What the Prosecution Must Prove:
To establish that an offence has occurred under subsection (1), the prosecution must prove the following elements:
- You must have engaged in conduct that constitutes an offence against either:
- Section 37 (related to specific conduct in family violence cases); or
- Section 123 (related to contravening intervention orders).
- You must have committed similar conduct on at least two other occasions within a 28-day period immediately preceding the alleged offence.
These breaches must relate to:
- The same protected person;
- The same family violence safety notice or intervention order (whether interim or final); or
- Both a family violence safety notice and a family violence intervention order.
3.You must have known or ought to have known that your conduct constituted a contravention of the family violence safety notice or family violence intervention order.
Penalties for persistent contravention of notices and orders:
The penalty for this offence can be up to five years of imprisonment or a fine of up to 600 penalty units, reflecting the legal system’s strong stance against family violence.
Where will my case be heard?
A charge of persistent contravention of notices and orders will be heard in the Magistrates Court.
Factors and defences to consider:
- Did you intend to breach a family violence safety notice or family violence intervention order?
- Did you breach either order on two or more separate occasions within a 28-day period of each other?
- What were the surrounding circumstances of this offence?
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What happens next?
Have you been charged with persistent contravention of notices and orders? The consequences of such charges can be severe, and experienced legal representation can provide essential guidance in navigating the complexities of the case. At MK Law, our team is equipped to assist with family violence matters, ensuring your rights are protected throughout the legal process.
It is vital you receive expert advice to guide you throughout this process. Contact MK Law on 1800 130 120 today for confidential expert advice regarding your charge.
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