For any concerns about a Family Violence Intervention Order or Family Violence Safety Notice, call Slades and Parsons Solicitors. If anyone alleges that you have breached such a notice or order, speak to one of our experienced criminal lawyers. It is important to seek early advice and prepare your case if you have to attend court about domestic violence.
What is family violence?
The Act provides for a broad definition, including:
- Physical or abusive behaviour,
- Emotional or psychological abuse,
- Economically abusive behaviour,
- Threatening behaviour,
- Coercive behaviour, or behavior that in any way controls or dominates a family member
- Behavior that causes a child to hear or witness or be exposed to the effects of that behaviour.
Police can direct you to remain at a place or to remain in the company of a police officer. If you failure to comply with a reasonable direction, this gives police the power to apprehend and detain you.
When police respond to an incident they may apply for a Family Violence Safety Notice under certain circumstances. They may:
- Arrest you if you contravene a family safety violence order or breach a family violence intervention order
- Initiate applications even if that goes against the wishes of the protected persons that the application names.
Criminal offences apply for breaches
Summary offences are breaches of domestic violence, safety orders and contraventions of family violence intervention orders.
Indictable offences are contraventions of family violence safety notices intending to cause harm or fear for safety. They can also be persistent contraventions of notices or orders intending to cause harm of fear for safety.