Have you been charged with Contravention of a Family Violence Intervention Order?

What the Prosecution Must Prove:

To secure a conviction for contravening a family violence intervention order, the prosecution must establish the following elements:

1. There must be a valid FVIO in place at the time of the alleged contravention.
2. You must have been served with the order or had it explained to you (as the respondent).
3. The prosecution must demonstrate that you engaged in behaviour that contravened the conditions of the FVIO.

Penalties for contravening:

If a person is found guilty of contravening a family violence intervention order under Section 123, the penalties include:

• Level 7 Imprisonment: Up to 2 years maximum.
• Level 7 Fine: Up to 240 penalty units maximum.
• Both Imprisonment and Fine: The court has discretion to impose both penalties concurrently.

Factors and defences to consider:

Under subsection (3) and (4), there are specific defences available to you if you can prove certain conditions:

• Defences Against Contravention of FVIO:

If there was a family violence safety notice in place and your conduct did not contravene this notice, this can serve as a defence.

• Defences Against Recognised DVO:

If a recognised Domestic Violence Order (DVO) was in force and a subsequent family violence safety notice was issued, you may argue that you complied with the safety notice, which can also act as a defence against the charge.

Other factors to consider:

• Was there a family violence order in place?
• Did you know about this order and had it been explained to you?
• Was the other person also subject to a family violence order?
• Did you breach an order?
• What were the surrounding circumstances of this offence?
• Do you have any possible defences?