Persistent Contravention of a Family Violence Intervention Order
The offence of persistently breaching a family violence intervention order is governed by section 125a, and states:
“A person must not persistently contravene a family violence safety notice or a family violence intervention order”
What the prosecution must prove?
For the police to convict a person for persistently breaching a family violence intervention order, they must prove beyond reasonable doubt that:
- The respondent acted in a way that breaches the terms of the intervention order;
- More than once and within 28 days of the first offence, the respondent engaged in conduct that breached the terms of the order;
- It was done against the protected person or in contravention of the order and notice;
- The respondent knew or ought to have known that they were contravening the notice or order.
Possible Defences
If the respondent has been charged with the persistent breach offence, they can’t then be charged for the same breaches against:
- Sections 37- Contravening a Family violence safety notice;
- Section 37A- Contravening a Family violence safety notice, by causing mental harm, self-harm, physical harm, or fear to the protected person;
- Section 123 – Contravening a Family Violence intervention order;
- Section 123A – Cause physical or mental harm, including self harm, or apprehension or fear to a protected person.
All of the relevant offences are charged under the one persistent breach offence, this is known as a duplicity defence.
Penalties
If you are found to Persistently Breach an order or safety notice you may be liable to:
- A maximum penalty of 5 years in prison; or
- A fine of 600 penalty units, or both.
Where will my case be heard?
Persistently breaching a Family violence order is dealt with in the county court, depending on the discretion of the police it may be heard in the Magistrates Court.
