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Recent Case Studies
Breach Intervention Order
Breach Intervention Order
Written by
Bill Doogue
Criminal Defence Lawyer
Family Violence Protection Act 2008 - SECT 123
Offence for contravening a family violence intervention order
123. Offence for contravention of family violence intervention order
(1) This section applies if a person against whom a family violence intervention order has been made-
(a) has been served with a copy of the order; or
(b) has had an explanation of the order given to the person in accordance
with section 57 or 96.
(2) The person must not contravene the order.
Maximum Penalty for the charge of Breach Intervention Order
2 years / 240 penalty units
What the Prosecution must prove - Breach Intervention Order
(a) A family intervention order has been made against a person.
(b) The accused is aware of the intervention order.
(c) The accused contravenes the intervention order.
Street Names for Breach Intervention Order
Breach domestic violence order, family violence order
Possible Defences - Breach Intervention Order
(a) Factual dispute about contravening intervention order.
(b) Identification dispute
(c) Lack of intent.
(d) The accused was the respondent under the family violence intervention order; and a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and the accused's conduct was not in contravention of the family violence safety notice.
Which court will hear the charge of Contravening Intervention Order
Magistrates' Court.
