FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 37A Contravention of notice intending to cause harm or fear for safety

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 37A

    (1)     In this section—

"mental harm" includes—

        (a)     psychological harm; and

        (b)     suicidal thoughts.

    (2)     A person who—

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

        (b)     has had an explanation of the notice given to him or her in accordance with section 35—

must not contravene the notice intending to cause, or knowing that his or her conduct will probably cause—

        (c)     physical or mental harm to the protected person, including self-harm; or

        (d)     apprehension or fear in the protected person for his or her own safety or that of any other person.

Penalty:     Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.

    (3)     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.

    (4)     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.

    (5)     In a proceeding for an offence against subsection (2), 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.

S. 37A(6) inserted by No. 53/2016 s. 48.

    (6)     In a proceeding for an offence against subsection (2), it is not a defence to the charge that—

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

        (b)     a recognised DVO in relation to the same protected person and respondent—

              (i)     was made before the family violence safety notice was issued; and

              (ii)     was 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 recognised DVO.