Contravene Family Violence Safety Notice

Contravene Family Violence Safety Notice is found in section 37 of the Family Violence Protection Act 2008 in Victoria. It is committed by a person who was served with a Family Violence Safety Notice and did not comply with any of its conditions. As the safety notice is a court order, it is crucial that the respondent understands and complies with all of its conditions.

Have you been accused of Contravene Family Violence Safety Notice?

Police Interview
Have you been accused of Contravene Family Violence Safety Notice? It is important you understand what Police are trying to achieve when questioning you about an allegation of this kind. Police want to speak to you because they suspect you have committed the offence. They will already have information such as a statement from the complainant they believe supports the allegation against you. You must receive proper legal advice will assist you in responding to police questions in an informed and considered way. This will stop your position from being made worse.

The Police interview for Contravene Family Violence Safety Notice is not an opportunity for you to explain your side of the story and hope for the matter to go away. We can help you do that at another time if we think it is necessary. The Police are likely to have decided to charge you already.

You should set up a private and confidential conference with us for advice before you attend the Police station to be interviewed. We can walk you through what you can expect.

We also attend police interviews for Contravene Family Violence Safety Notice with our clients. You may feel comfortable having someone present on your side, to answer any questions you may have, and ensure Police are held accountable.

Pleading Not Guilty
We have lawyers who are experts in representing people charged with Contravene Family Violence Safety Notice. We will assist you in building a case to show you are not guilty. We will also analyse the Police case against you. We know what issues to look for with a Police investigation. We will advance your instructions in a contested hearing.

Pleading Guilty
If you decide to plead guilty to Contravene Family Violence Safety Notice, we can assist you to secure a favourable outcome. We will do this by negotiating with Police and changing the Police summary if possible, and also direct you to gather all the important material that is required to provide to the court before your plea of guilty. We can advise you of courses to complete which will improve your situation.

Sentencing
Sentencing in the higher courts of Victoria Sentencing Statistics Pie Chart for Contravene Family Violence Safety Notice in the Higher CourtsSentencing in the Magistrates’ Courts of Victoria Sentencing Statistics Pie Chart for Contravene Family Violence Safety Notice in the Magistrates' Courts
Elements of the offence
As this is a criminal offence, the Prosecution must prove the following elements beyond reasonable doubt:

  1. The accused has been served with a Family Violence Safety Notice;
  2. The conditions of the Family Violence Safety Notice have been explained to the Respondent; and
  3. The accused failed to comply with a condition of the Family Violence Safety Notice.
Examples of Contravene Family Violence Safety Notice
  • A person is subject to a family violence safety notice prohibiting them from destroying property belonging to the protected person and he/she does not comply with this condition.
  • A person is subject to a family violence safety notice prohibiting them from committing family violence against the protected person and he/she does not comply with this condition.
Legislation
The offence of Contravene family violence safety notice is governed by section 37 of the Family Violence Protection Act 2008.

Defences
The following is a list of defences available to a person charged with Contravening a Family Safety Notice:

  • Lack of intent
  • Impossibility
  • Factual error
  • The Family Safety Notice was not served
  • The conditions of the Family Safety Notice were not explained to you
It is not a defence to this offence to say that the offence occurred outside of Victoria if the protected person was in Victoria when the offending conduct occurred. For example, the Respondent is still liable if the accused is:

  1. Served with a Family Violence Safety Notice; and
  2. The conditions of the Family Violence Safety Notice have been explained to the accused; and
  3. The accused breaches a condition of the Family Violence Safety Notice by threatening the protected person over the phone; and
  4. The accused was in Sydney at the time of the call and the protected person was in Victoria.
Questions in cases like this
  • Were you served with a Family Violence Safety Notice?
  • Were the conditions of the Family Violence Safety Notice explained to you?
  • Did your conduct constitute family violence?
Maximum penalty of section 37 of the Family Violence Protection Act 2008
The offence of Contravene Family Violence Safety Notice (s37 of the Family Violence Protection Act 2008) carries a maximum fine of 240 penalty units (a fine of around $38,640) or 2 years imprisonment, or both.

Other important resources