If a police officer believes on reasonable grounds that you
have contravened any conditions of a Family Violence Intervention Order, the
officer may arrest and detain you. Even though an application for a Family
Violence Intervention Order is a civil matter between the parties, a breach of
an order is a criminal offence in Melbourne. There is no such thing as a
trivial breach. This means that you may be in breach of a Family Violence
Intervention Order by walking past the protected person’s home or sending them
a text message. If you are a defendant who has been detained, you may be able
to apply for bail with the help of a Intervention Order LawyersMelbourne. If you are suspected by police of breaching an order, you
will have to go to court. If found guilty, you may be imprisoned for up to two
years or have to pay a fine up to 240 penalty units. Breaching a Family
Violence Intervention Order in Melbourne is a summary offence and is usually
heard in the Magistrates’ Court. If you are a defendant charged with
contravening a Family Violence Intervention Order, you will need to decide
whether to plead guilty or not guilty. This is a serious decision that should
be discussed with your Intervention Order Lawyers
Melbourne who will be able to give you legal advice and help prepare
you for the court hearing. A defendant who persistently breaches a Family
Violence Intervention Order can be imprisoned for a maximum five years and / or
be fined up to 600 penalty units. To be found guilty of persistently
breaching a Family Violence Intervention Order, the police have to prove that
you had on at least two occasions within 28 days of the first offence, engaged
in conduct that was in breach of the order. The police also need to prove that
you knew, or ought to have known, that you were breaching the order. If
convicted, you will have a criminal record