Contravene Family Counselling Order
A Court may order that a person attend counselling to increase his/her accountability for the violence used against a family member and to encourage the person to change their behaviour.
What is the legal definition of Contravene Family Counselling Order?This charge is legally defined as the contravention of a family counselling order under section 130 of the Act, without reasonable excuse, by a person who was subjected to such order.
Examples of Contravene Family Counselling Order
- Not attending a counselling session with an approved counsellor when ordered to by a Court
LegislationThe offence of Contravene Family Counselling Order is governed by section 130 of the Family Violence Protection Act 2008.
Elements: When can a person be found guilty of this offence?The accused, as the respondent, may be found guilty of this charge if:
- Under section 129 of the Family Violence Protection Act 2008, the Court is given a report that counselling is needed
- Respondent has been ordered to attend for family counselling under section 130, and
- Respondent without reasonable excuse contravenes the order
- Reasonable excuse
- Lack of intent
- Factual error
- Insufficient evidence to prove the elements of the offence
Questions in cases like this
- Were you ordered to attend counselling?
- Did you in fact attend counselling?
- Is there a lawful reason why you could not attend counselling?
The offence of Contravene Family Counselling Order (s130 of the Family Violence Protection Act 2008) carries a maximum fine of 10 penalty units (around $1,600).