Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 123

Offence for contravention of family violence intervention order

123. Offence for 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.

(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.