Contravention of police protection notice

Under section 178 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to a police protection notice must not contravene the notice. If prosecuted with this offence, the court is required to consider whether the notice was issued in substantial compliance with part 4, division 2 of the Act. A police protection notice is a notice that police officers have the power to issue without attending court. These notices require approval of supervising police officers. All notices require a respondent to be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved. Notices may also include a ‘cool-down condition’ which allows police to prohibit a respondent from entering premises, or approaching or contacting the aggrieved. Cool-down conditions can only last for up to 24 hours.

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 police protection notices 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 police protection notices face a penalty of up to 60 penalty units or 2 years imprisonment.

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