Family Violence Intervention Orders and the Criminal Law
If you have any concerns regarding an application for a Family Violence Intervention Order or Safety Notice or you are alleged to have committed breaches of such a notice or order, then call Slades & Parsons Solicitors and speak to one of our experienced criminal lawyers. If you have been given a date to attend court it is important to seek early advice and prepare your case.
What is Family Violence?
The Act provides for a broad definition including:
(a) behaviour by a person towards a family member of that person if that behaviour
is physically or sexually abusive; or
is emotionally or psychologically abusive; or
iii. is economically abusive; or
is threatening; or
is coercive; or
in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or
(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).
Police are empowered to:
- Direct a person to remain at a place or to go and remain at place or to remain in the company of a police officer.
- A failure to comply with a reasonable direction gives police the power to apprehend and detain.
- A Family Violence Safety Notice may be applied for by police who respond to an incident under certain circumstances.
- Police may arrest a person who contravenes a Family Violence Safety Notice or who breaches a Family Violence Intervention Order.
- Police have standing to initiate applications irrespective of the wishes of the protected persons named in an application.
Criminal Offences apply for breaches
Summary offences for breaches of Safety Notices and Intervention Orders.
Indictable offences for contravention of Family Violence Safety Notices and Intervention Orders intending to cause harm or fear, and for persistent contravention of such notices and orders.
If you have been charged with a breach of a Safety Notice or Intervention Order, or if you have been served with a Safety Notice or Intervention Order, act quickly and seek legal advice.