What is the meaning of Family Violence?
In Victoria, Family Violence matters are taken seriously and can attract terms of imprisonment, it is important to note that Family Violence is defined broadly in the Family Violence Protection Act 2008 as stated below:
(1) For the purposes of this Act, family violence is—
(a) behaviour by a person towards a family member of that person if that behaviour—
(i) is physically or sexually abusive; or
(ii) is emotionally or psychologically abusive; or
(iii) is economically abusive; or
(iv) is threatening; or
(v) is coercive; or
(vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or
(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).
What constitutes a consistent breach of a family violence safety notice or family violence intervention order?
Essentially, the Prosecution must prove that the breaches occurred in:
– At least 2 other occasions within a period of 28 days immediately preceding the conduct referred to in paragraph (a)
AND
– to the same person or the same family violence safety notice or intervention order whether or not it is related to the same protected person or as an application.
Legislative Provisions:
(1) A person must not persistently contravene a family violence safety notice or a family violence intervention order.
(2) To prove an offence against subsection (1) it is necessary to prove that—
(a) the accused engaged in conduct that would constitute an offence against section 37 or 123; and
(b) on at least 2 other occasions within a period of 28 days immediately preceding the conduct referred to in paragraph (a), the accused engaged in conduct that would constitute an offence against section 37 or 123 in relation to—
(i) the same protected person; or
(ii) the same family violence safety notice or family violence intervention order (whether an interim order or a final order), whether or not in relation to the same protected person; or Understanding differences in assault is crucial when it comes to family violence cases, as each situation is unique and may require a tailored response. It is important for authorities to assess each case individually and provide the necessary support and protection for those affected by family violence. By recognizing the specific characteristics of each incident, appropriate interventions and measures can be implemented to ensure the safety and well-being of the individuals involved.
(ii) A family violence safety notice and a family violence intervention order (whether an interim order or a final order) made on the family violence safety notice as an application, whether or not in relation to the same protected person; and
(c) on each of the occasions referred to in paragraphs (a) and (b) the accused knew or ought to have known that the conduct constituted a contravention of the family violence safety notice or family violence intervention order (as the case requires).
Defences to a Persistent Breach of Intervention Order:
– It is imperative to have your case assessed by a legal practice that has experience in contesting charges under s125A of the Family Violence Protection Act.
– As seen in many Family Violence matters, there are often ulterior motives as to why a Complainant may decide to report a Defendant, who is then subsequently charged with a breach of an Intervention order.
– Often at times, narratives are skewed and lies can be told, it is important that an experienced lawyer is able to take you through the charges and convey your side of the story to the court, to ensure you receive the best outcome possible.
Here at Jay & Co, we are experienced in contesting breaches of Intervention Orders, and have had great success in obtaining great outcomes for our clients.
If you have been charged with persistently breaching an Intervention Order, do not hesitate to contact us.
