Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 123

Contravention of family violence intervention order

    (1)     This section applies if a person against whom a family violence intervention order has been made—

        (a)     has been served with a copy of the order; or

        (b)     has had an explanation of the order given to the person in accordance with section 57 or  96.

    (2)     The person must not contravene the order.

Penalty:     Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

S. 123(2A) inserted by No. 83/2012 s. 8(2).

    (2A)     It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred.

S. 123(2B) inserted by No. 83/2012 s. 8(2).

    (2B)     It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.

    (3)     In a proceeding for an offence against subsection (2) constituted by contravening a family violence intervention order, it is a defence to the charge for the accused to prove that—

        (a)     the accused was the respondent under the family violence intervention order; and

        (b)     a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and

        (c)     the accused's conduct was not in contravention of the family violence safety notice.

S. 123A inserted by No. 83/2012 s. 9.



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