If you’ve been accused of breaching an intervention order in Victoria, understanding the potential legal repercussions is crucial.
Breaching an intervention order can have serious consequences, from criminal charges to significant impacts on your personal and professional life.
Here’s what you need to know:
Criminal Charges
Breach of Intervention Order: Violating an intervention order can lead to criminal charges under sections, 123, 123A, 125A of the Family Violence Protection Act 2008 (Vic) or section 100 of the Personal Safety Intervention Orders Act 2010 (Vic). These charges are treated seriously and can result in severe legal consequences.
Penalties
Fines: A breach can incur substantial fines, up to $50,000, depending on the circumstances and severity of the breach.
Imprisonment: Offenders may face imprisonment, with potential sentences ranging from several months to several years. The length of the sentence is influenced by the breach’s severity and any prior offences.
Community Corrections Orders (CCO): Instead of, or in addition to imprisonment, a CCO may be imposed. This involves community service and other conditions set by the court.
Impact on Legal Status
Criminal Record: A breach results in a criminal record, which can negatively impact employment opportunities, travel plans, and other aspects of daily life.
Increased Penalties: Repeated breaches can lead to more severe penalties, including longer prison sentences or higher fines.
Potential for Immediate Detention
Arrest: Police have the authority to arrest individuals who are suspected of breaching an intervention order, often leading to immediate detention.
Bail Conditions: If arrested, specific bail conditions may be imposed while awaiting a court hearing. These conditions can restrict your movements and activities.
Variation or Extension of the Intervention Order
Victim’s Request: The person protected by the intervention order may seek to vary or extend the order, which can result in enhanced restrictions and further legal complications for the respondent.
Civil Consequences
Effects on Parenting and Licensing: Breaches of family violence intervention orders can impact parenting arrangements, especially in custody disputes. Additionally, respondents may be prohibited from holding firearm or security licenses, affecting personal security and professional opportunities.
Court Proceedings
Hearing: You will be required to attend a court hearing where the court will evaluate the breach and determine the appropriate penalty based on the evidence presented and the specifics of the case.
Contact Pascoe Criminal Law for Expert Assistance
If you are facing allegations of breaching an intervention order, it is essential to seek experienced legal representation.
At Pascoe Criminal Law, our skilled team of criminal lawyers in Melbourne can provide the guidance and defence you need.
Contact us today to discuss your case and secure the best possible outcome.
