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The Penalties For Breach of an intervention Order
Posted: Dec 18, 2022
No matter if you are defending or responding to an order breach, it is important to know the penalties for persistently violating a Notice or Order. This article will provide information on the penalties for violating an interevent order, and how you can defend yourself.
Protected Person against Respondent in an interevent Order
The circumstances may dictate that the Protected Person may apply for an Intervention Order to the court. This order prevents contact with the protected individual, the publication of information about them and the access to their property. It is designed to protect the protected person from abuse or threats of abuse. The respondent could be charged with a criminal offense if they violate the order. There are serious penalties for non-compliance.
An intervention order can be issued against any person, regardless of whether they are a neighbour, a de facto partner, or a child. These orders are valid for 12 months. After that, the respondent must wait a full one year before applying again. If the respondent violates an Intervention Order, he/she could be charged with a crime. If you have any concerns about your safety, call the police. They can advise you of your rights and the options available to you. You can also apply to the Magistrates Court for an Intervention Order to protect you or a child.
An intervention order can be varied or revoked by the police. You must use the prescribed forms to make a request for a variation of revoke. The police will usually require counselling before assisting with an application to revoke or vary an Intervention Order. The order will not take effect unless the respondent is present at the time it is made. A new order will be issued if the original order is revoked.
Defending an Interim Order
It is not something you should take lightly when you have to defend an intervention or order. The severity of the breach will determine the severity of the penalties. This is especially true if you are guilty of physical violence. In extreme cases, you could face a maximum of 5 years imprisonment. It's a good idea if you are accused of violating an Intervention Order to seek professional legal counsel.
Remember that you must comply with the conditions of an intervention order in order to defend it. If you fail to comply, you could be arrested and face hefty fines. It is also important to determine the best way to proceed. It is best to negotiate an Undertaking together with your lawyer. You should also consider the advantages of mediation. While mediation may not be an easy process, it can prove to be the best way to resolve disputes.
It is important to remember that the best way to defend an intervention order when it is broken is to get the police investigating your case. If they don’t, your chances of getting convicted are slim. You could be fined up to 240 penalty units if the police charge you. You could also face charges for the most trivial crimes. If you are charged for the most trivial crime, you could face heavy fines.
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