Contravention of release conditions
Under section 179 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to release conditions for their early release under section 125 of the Act must not contravene those conditions. Section 125 applies where it is not reasonably practicable to bring a respondent before a court for the hearing of an application for a protection order, and where a police officer has not obtained a temporary protection order. The section outlines a number of conditions for the respondent’s release, including:
- The person must not use a weapon
- The person must be of good behaviour towards the aggrieved
- The person must not commit domestic violence against the aggrieved
The conditions continue in force until the matter is decided in court.
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 the contravention of release conditions 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 release conditions 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.