Law Information - Domestic Violence Offences - TAS

Breach Intervention Order

Date: 09/01/2009

The Law -

Family Violence Protection Act 2008 - SECT 123

Offence for contravention of family violence intervention order

123. Offence for contravention of family violence intervention order

(1) This section applies if a person against whom a family violence intervention order has been made-

   (a)  has been served with a copy of the order; or

   (b)  has had an explanation of the order given to the person in accordance
        with section 57 or 96.

(2) The person must not contravene the order.

What the prosecution must prove - Breach Intervention Order

(a) A family intervention order has been made against a person.

(b) The accused is aware of the intervention order.

(c) The accused contravenes the intervention order.

Street Names for Breach Intervention Order

Breach domestic violence order, family violence order

The Maximum Penalty for Breach Intervention Order is

2 years/240 penalty units

Possible Defences - Breach Intervention Order

(a) Consent.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute

(e) Lack of intent.

(f) The accused was the respondent under the family violence intervention order; and a family violence safety notice 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 the accused's conduct was not in contravention of the family violence safety notice.

The Court process - Breach Intervention Order

Magistrates' Court.