In Victoria, section 123 of the Family Violence Protection Act 123 applies to a person against whom a family violence order had been made. A person who has an IVO against them and contravenes it is liable under this section to 2 years imprisonment, or a fine of 240 penalty units, or both.
What the prosecution must prove?
In order for someone to be charged with a contravention of a Family Violence Intervention order, the police must prove beyond reasonable doubt:
- The defendant was under a family violence intervention order;
- The order had been served or its effect explained to them; and
- The defendant contravened the order.
Possible defences?
Probable defences to a breach of Family Violence Intervention Order are:
- The protected person consented to be contacted or communicated by the accused;
- The alleged conduct by the defendant does not in fact breach the intervention order;
- In a unique case, if one or more intervention orders have been served and the later notice served was less restrictive than the previous intervention order.
Where will my case be heard?
A charge for a contravention of a family violence intervention order will be heard in the Magistrates Court.
