Breach of Intervention Order or Family Violence Order in Victoria
Breaching an intervention order? If you live in the state of Victoria (Australia), breaching a condition of an intervention order could land you in prison for more than a year. So, how do you fight the breaching intervention order charges in Court? Read on to know the possible defenses.
Highest penalty and defenses for Breach of Intervention Order or Family Violence Order at the Sunshine Magistrates’ Court, Victoria
A finding of guilt could result in up to 2 years of imprisonment plus a fine of 240 penalty units. Penalties for this charge are based on the circumstances of what happened and it would not be expected that you would get the highest possible penalty unless you had committed the worst possible example of this offense.
These criminal defenses may be considered in defending allegations of Breach of Intervention Order or Family Violence Order:
A. Dispute as to the facts of how the breach occurred
B. Absence of required intent
Will the Sunshine Magistrates’ Court in Victoria hear a Breach of Family Violence Order case?
Any indictment or summons for the Breach of Intervention Order or Family Violence Order will generally be before a Magistrate in the Magistrates’ Court. It can also be heard in the County Court. A decision as to which jurisdiction hears the case often reflects the seriousness with which the indictment or summons is viewed.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Breach of Family Violence Order. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Breach of Family Violence Order.
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Breach of Intervention Order or Family Violence Order?
Prosecutors establish a Breach of Intervention Order or Family Violence Order charge by proving the occurrence of the following:
A. the accused was given notice of the intervention order;
B. and the accused violated a condition in the Court Order.
Where do you find the law about Breach of Intervention Order or Family Violence Order?
Breach of Intervention Order or Family Violence Order is based on a legislation that comes from section 123 of the Family Violence Protection Act 2008.
ABOUT THE AUTHOR: Doogue & O'Brien Criminal Defence Lawyers
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defense Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A finding of guilt could result in up to 2 years of imprisonment plus a fine of 240 penalty units. Penalties for this charge are based on the circumstances of what happened and it would not be expected that you would get the highest possible penalty unless you had committed the worst possible example of this offense.
These criminal defenses may be considered in defending allegations of Breach of Intervention Order or Family Violence Order:
A. Dispute as to the facts of how the breach occurred
B. Absence of required intent
Will the Sunshine Magistrates’ Court in Victoria hear a Breach of Family Violence Order case?
Any indictment or summons for the Breach of Intervention Order or Family Violence Order will generally be before a Magistrate in the Magistrates’ Court. It can also be heard in the County Court. A decision as to which jurisdiction hears the case often reflects the seriousness with which the indictment or summons is viewed.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Breach of Family Violence Order. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Breach of Family Violence Order.
How do Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Breach of Intervention Order or Family Violence Order?
Prosecutors establish a Breach of Intervention Order or Family Violence Order charge by proving the occurrence of the following:
A. the accused was given notice of the intervention order;
B. and the accused violated a condition in the Court Order.
Where do you find the law about Breach of Intervention Order or Family Violence Order?
Breach of Intervention Order or Family Violence Order is based on a legislation that comes from section 123 of the Family Violence Protection Act 2008.
ABOUT THE AUTHOR: Doogue & O'Brien Criminal Defence Lawyers
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defense Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
View all articles published by Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
