If you have been charged with breach of an intervention order, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of breach of an intervention order, they must satisfy elements of the offence. They can be found in s 123 of the Family Violence Protection Act 1981 (Vic) and are as follows:
- The accused was legally bound to follow the terms of an Intervention Order; and
- The accused breached the terms of the Intervention Order they were under.
Will I have to go to court?
Charges for breach of an intervention order will usually be heard in the Magistrates’ Court. A charge for breach of an intervention order will usually be heard only by a Magistrate.
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence.
The maximum penalty for a charge of breaching an intervention order is 2 years imprisonment.
What sentences are usually given?
According to the Sentencing Council Victoria, between 1 July 2011 and 30 June 2016, 244 people were sentenced with breach of an intervention order as the principal offence. From that number, 80.7% were given imprisonment sentences. Non-imprisonment sentences included Community Corrections Orders (6.6%) and fines (4.5%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.