Once a temporary or final Domestic Violence Order (also called a DVO or Protection Order) is in place, you must follow the terms set down in the Order. If you don’t, and you breach the Domestic Violence Order, the police can charge you with a criminal offence.
A Domestic Violence Order can also be registered in other states and territories in Australia and enforced in those states under their laws.
The general maximum penalty for the offence of contravening a Domestic Violence Order has recently been increased from 12 months imprisonment or 40 penalty units ($4,000) to 2 years imprisonment or 60 penalty units ($6,000)
The maximum penalty was increased to 3 years imprisonment or 120 penalty units ($12,000) if you have been convicted in the last 5 years of an offence of contravening a Domestic Violence Order, Police Protection Notice or release conditions.
The Magistrates Court, where offences for a breach of a Domestic Violence Order are commonly heard, can impose a maximum of three years imprisonment.
However, other behaviours which constitute a breach of a Domestic Violence Order may also amount to a serious offence under the Criminal Code. In those cases, the relevant Court may impose a penalty that exceeds the maximum penalty for an offence for a breach of a Domestic Violence Order.
The recent increase in penalties, provides the Courts with a greater scope to impose sentences. This has been done to reflect the range of behaviours and offending histories that come before the court.
Being accused of committing a criminal offence can be a confusing and stressful experience.
Without proper legal representation you might be faced with an outcome that could adversely affect your career or family. At Fortisen Legal we provide legal services for Defending a charge of breach of a Domestic Violence Order.
We can assist you by providing advice, such as:
- Explaining your rights and obligations.
- Represent you from the beginning; from arrest through to trial.
- Explain the Court procedures.
- Ensure your rights are protected at all times.
We can defend your rights with vigilance and give you every opportunity to achieve a fair and just outcome.