Depending on how serious the offence was, breaching an intervention order can result in a variety penalties. Here are some common consequences for a breach of an order.
Criminal offence
An Intervention Order is a protective order issued by a court. This order forbids a person to engage in certain behavior that might pose a threat to another person. These orders are meant to protect individuals from violence between intimate partner. In certain cases, the person who violates the order could face criminal charges. These charges are often referred to as summary offences. The person who breaches the order has to appear in court within the 24 hours.
Family Violence Intervention Order (FVIO), is an order that restricts a person’s contact to their victim. These orders can be in place to allow contact between the victim and the defendant, or to limit contact for child arrangements. If the victim contacts the defendant, they can be charged with violating an FVIO. In certain cases, an FVIO can also be used by the police to issue a Family Violence Safety Notice. This notice will include similar conditions as the Intervention Order. A person who violates the order could be charged with criminal offenses.
The term ‘intervention order’ refers to a number of orders made by the Magistrates’ Court in Victoria. These orders can be tailored to individual circumstances and are much easier than convictions. Intervention Orders are available nationwide.
Hybrid of civil and criminal law
An Intervention Order is a hybrid of civil and criminal law. These orders can be imposed by the court and are usually designed to deal with violence between intimate partners. Sometimes, the court may also impose certain conditions on the person who has broken the order. These conditions could include a ban from text messaging or emailing the person who is protected by the order. In addition, there are a number of other conducts that can constitute an Intervention Order breach. These include driving past a protected individual’s home, threatening a person physically with violence, and asking a person for a behavior that would put the protected person at danger.
The maximum sentence for violating an Intervention Order is generally two years imprisonment. The court will determine whether the person who broke the order had complied with all conditions of the order, and if not, impose a suitable sanction under Chapter 2929 of the Revised Code.
Brute of an Intervention Order can lead to severe penalties
You should seek legal advice immediately you receive a summons to court for violating an Intervention Order. There are many types of Intervention Orders, and the penalties for breaking one vary. A person may face criminal penalties for breaking an Intervention Order even if the offence occurred inadvertently.
Before you plead guilty, it is important to fully understand the consequences of violating an Intervention Order. A criminal defense lawyer will give legal advice and help you prepare for a court hearing. For violating an Intervention Order, the maximum sentence is five years imprisonment. A fine of up to 244 penalty units can also be imposed for breaching an Intervention Order. This is equivalent to $37,310.
The Family Violence Protection Act 2008, section 123, makes it a crime breaching an Intervention Order. The prosecution will claim that the person violated the order with intent to cause injury to the protected person. The prosecution is likely to have strong evidence against the accused, but it may be difficult to prove the allegations.
The penalties for breaking an Intervention Order vary depending on the facts of the case. While a person who violates the Intervention Order by using physical violence may face a maximum fine of $99,000.
If a person breaches an Intervention Order twice in a five-year period, they are likely to face a much harsher penalty.
Breaching an Intervention Order
Whether you receive a summons to appear in a court for breaching an Intervention Order, or you receive a warning, it is important that you get proper legal advice. This is important for you to understand as you may be charged in any Australian state. An experienced breaching lawyer can help you avoid the penalties of a criminal conviction. A men’s behavior change course may be beneficial.
Bruising an Intervention order could result in a prison sentence, a fine, or both. It is important to be fully aware of all possible defenses and to discuss your options with a breaching attorney as soon as possible.
You should take seriously any summons you receive to appear before the Magistrates Court for violating an Intervention Order. It is important to seek legal advice as soon as possible. There are severe penalties for violating an Intervention Order. Before you plead guilty, you should seek legal advice.
