Contravention of domestic violence order

Under section 177 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to a domestic violence order must not contravene the order. The section only applies if the respondent knows about the order because they were in court at the time it was made, or they have been served with a copy of the order, or a police officer has told them about the order.

A police officer must make the complaint that an order has been breached. An aggrieved may approach the officer with evidence that the contravention as occurred. Proceedings for breaches of domestic violence orders must commence within one year of the offence being committed, or within one year of the complainant becoming aware of the breach. Proceedings cannot commence more than two years after the breach has occurred.

Furthermore, under section 180 of the Act, an aggrieved or other person named in a domestic violence order is not punishable because they encourage, permit or authorise the respondent to contravene the order. The respondent is entirely responsible for their own actions.

Offenders that breach domestic violence orders face a penalty of up to 120 penalty units or 3 years imprisonment. If the offender committed a domestic violence offence within the five years leading up to the breach for which they are now prosecuted, they face up to 240 penalty units or 5 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.