Should You Breach an Intervention Order?

Whether you are prosecuting someone for breaching an intervention order, or you are simply looking to protect yourself from the consequences of a breach, there are a few key considerations that you will want to keep in mind. For example, what defences exist, how much your situation might impact on your ability to protect yourself from the consequences, and the impact of family violence on the case.

Criminal offence

Whether a breach of an Intervention Order is a criminal offence or not, it is important to report the breach to the police as soon as possible. These orders are meant to protect the person who is experiencing violence or threat of violence. They can be imposed on a neighbor, a offending worker, or someone living in the same house as the person who is under the order. The person in the order will not face any charges for aiding the person in breach of the order.

The police can arrest the person who has broken an intervention order. They may also warn the person of the consequences of further breaches. This may lessen the motivation, but not the culpability.

In Victoria, a breach of an Intervention Order is accompanied by a criminal charge

The penalty varies according to the state. The maximum penalty for violating an Intervention Order in Victoria is 240 penalty units. This is equivalent to two-year imprisonment. In New South Wales, it is 12 months imprisonment. The maximum penalty in New Zealand is six months.

In making their decision, the courts may consider the behavior of the offender, the circumstances of his offence and the nature of the order. They may also consider any previous convictions related to victim. It is also important that the victim’s consent be considered. If the victim has not consented, it may be relevant to assessing the circumstances surrounding the offence.

In addition to being a criminal offense, violating an Intervention Order could also result in severe penalties for the offender, including a loss of job or licenses to work security officer or other occupations. These penalties vary according to the state, but the maximum penalty is around $110,000 in Victoria and $200 in New Zealand.

An offender who cannot speak English well may not have understood the terms of the order. They may also be suffering from an intellectual disability or a mental illness. They might also be absent from the courtroom when the case is being heard.

Possible defences

You should be aware of all defenses available to you, regardless of whether you are charged with violating an Intervention Order. To be prepared, it is a good idea to consult a criminal lawyer.

Police will contact you if you are charged with violating an Intervention Order. Even if the offense is the simplest, such as sending an electronic mail to the protected person it is enough to prove that the order was not known. If you knew of the order, however, you could still be charged.

It is not surprising that breaches of Intervention Orders can carry heavy penalties. The penalties increase if the breach is related to physical violence, or if multiple contraventions occur. A breach of an Intervention Order can result in a maximum penalty of 2 years imprisonment. For a persistent breach, the penalty increases to a maximum of 5 years imprisonment. For breaching an Intervention Order, a maximum penalty of 240 penalty units is applicable.

The legal system will take any violation of Intervention Orders very seriously

You may also be subject to criminal penalties. The consequences of breaching an Intervention Order may include mental anguish.

One possible defence to breaching an Intervention Order is a “consent without admissions” – an act of agreeing to a condition without actually agreeing to it. The condition might not be clear or there may be insufficient evidence to prove that you agreed.

Another defense is an “undertaking”, which is a written promise that you will perform a particular act. For example, an intervention order may state that you must stop making a certain number of phone calls or text messages to the protected person each day. You must agree with all or a portion of the order to be able to comply.

A specialist solicitor can provide legal advice that will help you defend against the possibility of violating an Intervention Order. Call 000 immediately if your life is in danger. For an investigation to be conducted properly, you will need to give all pertinent information to the police.

Family violence and its impact

A domestic abuse intervention order can make you less likely to be abused. The intervention order makes police more likely to take appropriate action against coercive controlling behavior. If you violate an order, you could face criminal sanctions. You might be subject to a fine or sentence in prison.

The Sentencing Advisory Council released a report indicating that family violence breaches have increased in recent years. Police recorded 53,200 family violence orders violations in 2020. This equates to a five-fold increase over the previous decade. But while this is good news for victims, it doesn’t necessarily mean that more people are being held accountable for their behaviour.

The report also found that men were more likely to be charged with a breach than women. The report also found that men were three times more likely be sentenced to imprisonment for a breach. Many stakeholders were not surprised by an increase in FVSNs but were unhappy with the lack of sentencing leniency.

According to the report, 97% of all breaches in the state were handled at the Magistrates Court

The magistrates’ recommendations focused more on prioritizing orders that would keep the offender in the court’s “web of accountability”.

This would include orders that would prevent the perpetrator from entering the victim’s home or exempting them from the matrimonial home. It was also noted that conditions would be imposed, such as requiring the perpetrator to participate in a treatment program.

These orders may also apply to children who have been the victims of violence. A child who has been exposed to domestic violence can experience emotional and physical pain. Often they may blame themselves or feel helpless. This could lead them to wetness or other problems.

The report found that more than one-third of respondents were involved in more than one family violence incident. The proportion of unique respondents who had been involved in more than one incident has remained stable for the past decade, despite this. This suggests that children are being protected more from family violence.