A person who is given an Interim, Family Violence Intervention Order must adhere to the terms of the order. Otherwise, they could be subject to a breaching an Intervention. The penalties for breaching an Interim or Family Violence Intervention Order can vary depending on the situation. Here are some of the possible penalties.
Penalties for breaching an intervention order
You will want to know the penalties that you can expect, regardless of whether you have been charged with violating an Intervention Order, Protection Order, or simply being a victim. Brilliances can range from minor to severe. You can expect to be fined up to five-thousand dollars and three years in jail if you are accused of violating a Protection Order.
If you are unsure what is in store for your family, it is a good idea for you to contact your local Community Law Centre to get legal advice.
Breaking an Intervention Order
Apart from the usual fines for breaking an Intervention Order, penalties include a sentence of up two years in prison and a fine as high as $1,250. A maximum penalty of ten-years can be imposed on repeat offenders.
The law also requires that police prosecute all violations of Intervention Orders in any state or territory. If you have been charged with a breach, you’ll need to get legal advice before your hearing. A Magistrates Court will usually hold a hearing for this type charge.
It is a good idea to keep a log of all breaches so you can prepare for a court hearing. This will assist police investigations. It is also a good idea for you to have your own lawyer present at the hearing. During the interview, it is important to not add anything to your record that does not support the evidence.
You will be subject to the usual fines and court costs. However, you will also receive a criminal history. This will include your name, address and any prior criminal convictions. Call 000 if your life is in danger. If the offender fails or is not available, you may be required to appear in court.
If you have any questions about the penalties for breaching an Intervention Order, your best bet is to contact your local Community Law Centre. They can offer free legal advice, support, and guidance.
The most common offense for breach was a fine between $500 and $1,000. The most common court case involves a mentally ill person, one who has a history or is suffering from mental illness, poor English speaking skills or an intellectual impairment.
Family violence intervention orders
Despite community awareness and increased understanding of family abuse, the number of family violence intervention order breaches continues to rise in Victoria. The number has increased fivefold over the past ten years. The rate of imprisonment for breaches has also increased.
Violations of family violence intervention orders in Victoria can lead to imprisonment. The maximum penalty for a first offense is five year imprisonment, two for a second offense, and a maximum of three for a third offense.
The most common breach offenders were males, who were three times more likely to receive imprisonment than females. Men were more likely than women to have a long criminal history and to suffer from intellectual disability.
While the rate at which fines were collected remained steady, the number and severity of breaches increased. Men between the ages of 25 and 44 were among the largest recipients of legal assistance. The report found that 66% were concerned with threatening behaviour.
Victoria Legal Aid hopes the database will reveal recurring patterns of people who have broken their intervention orders. It hopes to prevent future breaches by creating an inventory of people most at-risk of violating their orders. The report also includes data about courts and police, as well demographic data about the respondents.
Victoria Legal Aid analyzed 15522 family violence interventions order violations
It found that most respondents were males, and the majority of them were men with intellectual disability. These men also had long criminal history and were suffering from mental illness.
The report also found that the majority of FVSNs issued in the police’s hands were issued to males. The most frequent offenders were males with a history of legal problems and a history of violence.
The report also found that the police had an increased response to abuse. More police attended incidents, and the number increased from 57,000 to 93,000 in 2012 to 2020.
While there have been more breaches over the past decade, the prison population has only slightly increased. Although there are more people in prison, it does not necessarily mean that perpetrators have changed.
Interim intervention orders
Violation of an order to intervene is not a crime, unlike with personal violence. However, it is important to understand the law if you are being accused of this crime. The good news is that the police won’t take your case to court if you can prove that you followed the order.
A breach is a summary offence and is usually dealt at the Magistrates’ Court. The most common penalty is a fine. However, a person can also be imprisoned up to five years if the offender is found guilty of committing an indictable offence.
While a breach may not always be punishable by law, the consequences can often be severe and have a lasting impact on your life. For example, you could be denied access or prevented from traveling overseas.
In a nutshell, an intervention order is a court order to stop violence or abuse against a family member. An intervention order can be tailored to suit individual circumstances and may include conditions to ensure safety for the family member. A court can also extend these directions and can hear evidence of family members. A person can also revoke an intervention order condition if they are no longer in fear.
The best way to understand a breach is to learn about the various options available to you
A lawyer may be able to help you negotiate a good undertaking. You can also approach the police. Depending on your facts, you may be eligible to have the order changed if the circumstances prove exceptional.
It is important to remember that there are many types of orders and that you don’t have to be a victim to violence to get one. An intervention order is a way to protect your loved one’s safety and can be tailored according to your circumstances. Similarly, a civil protection order is a great way to protect your rights, and is often easier to obtain than a criminal conviction.
For violating an IVO, there are penalties
Depending on the circumstances of the offence, the penalties for breaching an IVO can be severe. An Intervention Order violation can result in a person being sentenced to up to two years imprisonment or a fine of up to 240 penalty units. In certain cases, the person could also be required to attend an intervention program.
The police must prove that the person was aware or should have known that they were violating the IVO in order to charge them with it. This can be difficult to prove. The police may not have evidence to support their allegations. It is advisable to seek professional advice in these cases.
The penalty for breaching the Intervention Order may be low if the person is not convicted of a crime. The penalty may increase if the person is charged with a crime if they are accused of breaking the IVO multiple time or if they have been convicted in the past. It is recommended that you hire a lawyer to represent the accused in court. Depending upon the circumstances of the crime, an accused could be sentenced up to 2 years in prison, fined or required to attend an intervention class.
The police will take further action if the accused has a firearms license
They may seize the firearms and licence. A person may have an Interim Intervention Order that has resulted in their license being suspended. If this happens, the police may also consider the person a prohibited person. If a person is charged with any crime, they will have to decide whether or not they want to plead guilty.
If the person accused of breaching a Family Violence Intervention Order or an Apprehended Violence Order has a firearms licence, they must take all necessary steps to avoid breaching their orders. They should not visit the protected person. They should also be able to interpret the terms of the order in a broad manner.
