Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 37

Contravention of family violence safety notice

37. Contravention of family violence safety notice



(1) This section applies if a person-

   (a)  has been served with a family violence safety notice; and

   (b)  has had an explanation of the notice given to the person in accordance
        with section 35.

(2) The person must not contravene the notice.

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 safety notice, it is a defence to the charge
for the accused person to prove that-

   (a)  the accused person was the respondent under the family violence safety
        notice; and

   (b)  a family violence intervention order 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 person's conduct was not in contravention of the family
        violence intervention order.