You need to be familiar with the penalties for violating an intervention order. Understanding the consequences of breaking an order will help you be more prepared to deal with any problems.
For violating an intervention order, there are penalties
It is up to the individual to decide whether or otherwise to violate an Intervention Order. However, if you are a respondent, there may be severe fines and other charges. Breaches can include calling a protected individual from their home state, posting status updates on Facebook about the protected persons, driving past the house and calling them. It is important that you seek legal advice if you are found to be in breach of your Intervention Order.
An Intervention Order is a court-issued protective order. This order is used to prevent abuse and protect the protected person from further harm. An Intervention Order may be revoked at will.
A Family Violence Intervention Order is available to protect a family member who is subject to emotional, verbal or physical abuse. These orders are enforceable immediately. The order can also limit the respondent’s access firearms and prevent them from contacting the protected individual.
In order to get an Intervention Order, the respondent must agree to the conditions. In some cases, the respondent might even be required to give an undertaking that they will follow the order. This could include the requirement that they attend a hearing.
Many breaches of an intervention order are accidental. Many clients make a mistake of violating their own order. If you are found in violation of an Intervention Order contact your local Police Station to inform them. The police will evaluate the situation and determine what next.
An Intervention Order may only be enforceable for a limited time in some cases
An interim variation to an Intervention Order is issued to summon the respondent to appear at a court hearing. The respondent will also be issued with a copy of the order. In some cases, the order will be made final. This is when a breach can have serious consequences.
If a Family Violence Intervention Order is broken, it can be considered a serious criminal offense. The penalty may be harsher if the order has been broken multiple times. The penalty can be even harsher if the breach involves physical violence.
Getting a Personal Safety Intervention Order (PSIO) can protect you and your family from a dangerous person. This order is similar to the Family Violence Intervention Order, but it does not involve a family relationship. It can be made against a family member or non-family member.
The most common Personal Safety Intervention Order lasts 12 months. However, the Sentencing Advisory Council has said that it could be extended for a longer period of time.
It is a good idea for you to seek legal advice before you become involved in a legal dispute. A solicitor can offer expert advice regarding the best course. You may also be eligible to receive legal assistance from a local legal centre or Aboriginal law service.
A Personal Safety Intervention Order can be obtained against a family member who is dangerous or violent. This order can be used against a partner, ex-partner, or any other person. If you are planning on making an application for an intervention order, check out the Family Violence page for information on the application process.
The personal safety order will protect your family against a dangerous person
The order will stipulate that you must not do certain things. You may not be allowed by the order to call or visit the protected individual without permission. These conditions include financial harm and sexual abuse.
The serious crime of violating a Personal Safety Intervention Order (PSI) is grave. Breaking the order could result in up to two year imprisonment. If you have a history with breaking the order you could face even more severe penalties.
You can use an interim PSIO as a backup until you order your final one. This is a good idea if you don’t have much time to get your final order.
To make a PSIO request, you should go to your local Magistrates Court and ask for an appointment. You will then need to fill out the Application for Personal Safety Intervention Order (Affidavit Of Application). You might also want to complete a Precourt Information Form to indicate the method of court you prefer.
Family violence intervention order
If you have a history of violating an Intervention Order, you could be charged with criminal offence. You could spend up to five years prison if you are convicted of breaching an Intervention Order.
A Family Violence Intervention Order protects the victim from violence and harassment by family members. It can also include exclusions that prevent a person coming near a victim or a safety zone around them.
Almost a third of clients have been charged with breaching a family violence intervention order. The rate of breaches has also increased over the past few years. Despite the fact that police are more responsive for family violence, this has not happened. Lauren Callaway is the assistant commissioner of family violence command for Victoria Police. She says police have a duty in caring for the community. She said that police are becoming more aggressive in their response to family violence and are more likely take action against controlling behaviour.
Despite the rise in breaches, there has been an increase in final orders in the Magistrates Court
The number made of orders fell to around 20% in 2020, compared to 32% in 2015.
The number of family violence orders violations is increasing each year and the rate of imprisonment has increased. The Sentencing Advisory Council discovered that the increase of breach offenses resulting in imprisonment was correlated with a decline in the rate for community orders.
Some people are confused about the increase in breaches and the increased rate of imprisonment. The increase in imprisonment does not necessarily mean that violence is decreasing. And it doesn’t necessarily hold perpetrators accountable. Judges should be encouraged by the ‘almost tripling’ in prison rates.
The Royal Commission’s report found that breach of Intervention Orders has increased by 140 per cent from July 2009 to July 2014. It also found that more people were charged with family violence breaches. It recommended that the government direct more funds to family violence initiatives. A Fire Services Levy tax could also be considered.
Interim intervention orders
For each subsequent offense, a person who violates an intervention order may be sentenced to up to five year imprisonment. These orders can protect the most vulnerable and prevent violent behavior. They are a combination of civil and criminal law. They are designed to prevent violent behavior between intimate partners. However, it can also be used to restrict harassing and intimidating the aggrieved person.
In March 2006, Victoria Law Reform Commission (VLRC), published its review of family abuse laws. It included a number of recommendations regarding intervention orders. It also considered the history of intervention orders in this state. They found that family violence was the most common type of intervention order.
The VLRC noted that there is a tendency for courts not to take serious domestic abuse breaches. They also pointed out the impact of seemingly innocent behaviour in an abusive context.
An intervention order is a civil remedy that can be imposed in the Magistrates’ Court. It can be temporary or permanent and can restrict a person’s ability to harass or intimidate the victim. It is not binding unless it is enforced. However, it gives police the authority to arrest any person who violates it.
Intervention orders are meant to protect victims and prevent family violence
A violation of an order can cause the victim to be injured either physically or emotionally. The person may also be subject to disqualification from firearms for up to five years. An order prohibiting contact with the victim may also be issued to the person.
A magistrate can issue an intervention order in any court in Victoria. The person seeking the order will need to allege that the person’s conduct is family violence. Those convicted of breaching the order may face a higher court. If the person is convicted for an indictable crime, the penalty will likely be higher. It can take up six months to receive a final intervention order.
The VLRC report recommends a review of the penalties for breaking intervention orders. It recommends that the penalty of a first offense should be increased. It also suggests an increase in the penalty for subsequent offences.