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Breaches of an intervention order

A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of imprisonment for 2 years.

A person who contravenes a term of an intervention order in relation to an intervention program is guilty of an offence with a maximum penalty of a fine of $1 250 (expiation fee: $160).

See Intervention Orders (Prevention of Abuse) Act 2009 s 31.

If a protected person contravenes an intervention order, they are not guilty of an offence of aiding, abetting, counselling or procuring the contravention of an intervention order, as long as their behaviour does not involve another person protected by an intervention order imposed on the defendant. (This is different to the situation under the old domestic violence law.)

If a police officer has reason to suspect that a person has contravened an intervention order, the officer may arrest and detain the person. The person must be brought before the Court as soon as practicable, and not more than 24 hours after arrest, (but not counting weekends and public holidays) [see Intervention Orders (Prevention of Abuse) Act 2009 s 36].

Breaches of an intervention order  :  Last Revised: Fri May 30th 2014
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