Have you been charged with the Contravention of Order Intending to Cause Harm or Fear for Safety?
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
What does it mean to be charged with the contravention of order intending to cause harm or fear for safety?
Under Section 123A of the Family Violence Protection Act 2008, this offence occurs when a person, who is the subject of a Family Violence Intervention Order (FVIO), intentionally contravenes the order with the intent to cause harm or fear or knowing that their actions are likely to result in such harm or fear. This offense specifically covers situations where the respondent’s actions aim to:
- Cause physical or mental harm to the protected person, including psychological harm or inducing suicidal thoughts.
- Create apprehension or fear in the protected person for their own safety or the safety of someone else.
For example, if a person subject to an FVIO intentionally makes threats or engages in conduct meant to scare or hurt the protected person, they would be in violation of Section 123A.
It does not matter if the conduct that violates the order occurred outside of Victoria, as long as the protected person was in Victoria at the time. Similarly, if the protected person was outside Victoria but the conduct occurred in Victoria, it still constitutes a breach.
What must the prosecution prove:
To secure a conviction, the prosecution must establish the following:
1. There is the Existence of a Family Violence Intervention Order.
The order must be valid and either served to or explained to you, the respondent.
2. You engaged in behaviour that contravened the terms of the FVIO.
3. You either intended to cause harm or fear or knew that their actions would probably result in harm or fear.
The harm could include physical injury, psychological distress, or fear for safety.
What is a Family Violence Intervention Order?
A Family Violence Intervention Order is a legal order issued by a court to protect a person from family violence or the threat of violence. The order can include conditions such as:
- Prohibiting the respondent from approaching or contacting the protected person.
- Requiring the respondent to leave a shared residence.
- Restricting the respondent from possessing weapons.
These orders are intended to ensure the safety and wellbeing of individuals experiencing family violence by legally restricting the behaviour of the perpetrator.
Penalties for contravention of an order intending to cause harm or fear for safety:
The penalties for contravening an FVIO under Section 123A are severe:
- Level 6 Imprisonment: Up to 5 years maximum.
- Level 6 Fine: Up to 600 penalty unit’s maximum.
- Both Imprisonment and Fine: The court can impose both penalties.
Where will my case be heard?
A charge of contravention of order intending to cause harm or fear for safety will be heard in the Magistrates’ Court.
Factors and defences to consider:
- Do you have a family violence order against you?
- Is there a family violence safety notice also in place?
- Did you breach the conditions of that order?
- Did you intentionally cause harm or fear for safety?
- Were you aware there was an order and had the conditions been explained to you?
- Was the other party also subject to a family violence order?
- Do you have any defences or reasons for the breach?
- What were the surrounding circumstances of the offence?
Questions to consider:
Q1: How does the court assess whether someone intended to cause harm or fear, especially if you claim you didn’t intend such outcomes?
To assess intent, the court will evaluate the circumstances of the respondent’s behaviour and any statements or actions suggesting they knew their conduct would likely cause harm or fear. This includes looking at the nature of the contact, past behaviour, and whether the actions were reasonable given the terms of the order. Even if your claims are you didn’t intend harm, your knowledge that your conduct would likely result in such consequences could be enough for the court to determine intent.
Q2: What happens if you unintentionally violate the order but cause harm or fear?
If a person violates the order but did not intend to cause harm or fear, and there is no proof you knew your actions would likely cause such effects, you may be charged under Section 123 instead of Section 123A. Section 123 deals with general contraventions of FVIOs without the requirement to prove intent or knowledge of harm. The penalties for a contravention without intent are generally less severe.
Q3: How does the interaction between a family violence safety notice and a family violence intervention order affect your obligations?
A family violence safety notice is a temporary protective measure that can be in force at the same time as an FVIO. If both orders are in place, and the conditions of these orders conflict, you may raise a defence if you complied with the safety notice but couldn’t follow the FVIO at the same time. In such cases, the safety notice takes priority as the more immediate form of protection, but you must still act within the confines of the law and show that compliance with both orders wasn’t feasible.
Testimonials
What people Say
-
I want to sincerely thank my lawyer, Daniel, for the exceptional support he provided throughout my matter. He was professional, understanding, and... Read More5/5
-
We were incredibly pleased with the work Daniel Moon did both prior to and on the day of court. Nothing was ever too much, questions always answer... Read More5/5
-
I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read More5/5
-
I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read More5/5
What happens next?
Have you been charged with contravening a family violence order with the intent to cause harm or fear? The consequences of such charges can be severe, and experienced legal representation can provide essential guidance in navigating the complexities of the case. At MK Law, our team is equipped to assist with family violence matters, ensuring your rights are protected throughout the legal process.
It is vital you receive expert advice to guide you throughout this process. Contact MK Law on 1800 130 120 today for confidential expert advice regarding your charge.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au