Contravene Family Violence Safety Notice

Contravene Family Violence Safety Notice

The Police will charge a person with Contravening a Family Violence Safety Notice contrary to section 37 of the Family Violence Protection Act 2008 (Vic) if he/she is served with a Family Violence Safety Notice and does not comply with any of its conditions.As with any Court order, it is important that a respondent of a Family Violence Safety notice understands and complies with the conditions.
 
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.
 
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?

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.