Persistently Contravening a Personal Safety Intervention Order
The Family Violence Protection Act has an additional two offences for more serious breaches of intervention orders. They have higher penalties (level 6 imprisonment/five years maximum). There are no additional breach offences under the PSIO Act.
What the Police must prove?
The police must prove, each element beyond reasonable doubt that:
- The accused engaged in conduct that would constitute an offence against the term of the order;
- On at least 2 occasions and within 28 days of the first offence, the accused acted in a way that would constitute an offence against the protected person;
- The actions were done against the protected person;
- The accused knew or ought to have known that they were breaching the notice or order.
Possible Defences
Probable defences the accused may claim for their case can be:
- Accidental – the accused was not aware of the protected person being at a certain place;
- They did not breach the exact condition of the order;
- The protected person consented to such communications or call;
- In some unique cases, the accused was not mentally stable at the time of the alleged contravention.
What court will hear the case?
This case is a summary matter and will be heard and finalised in the Magistrates court. If it is attached to serious criminal charges, then the matter will be finalised in the county court.
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