During an intervention process, the court may require a defendant to comply with a certain requirement of a court order. Breaching that order can have serious consequences, and is a serious crime. We will be discussing the consequences of a breaching an intervention or the response to it, as well as possible defenses.
Violation of an intervention order can result in severe penalties
Depending on your case, the penalties you face for breaking an Intervention Order could be severe. In many cases, the person who violates an Intervention Order won’t be able contact the person protected by the order. A criminal lawyer should be consulted if you are concerned that you might be charged with violating an Intervention Order. A criminal lawyer can help you fight an Intervention Order. They may also be able reduce the penalties that you are facing.
If you are arrested for violating an Intervention Order, you could be charged with a criminal offense. You could spend up to five years prison if you are convicted. You could also be subject to other penalties such as a penalty fine.
If you are arrested for violating an Intervention Order, the police may inform the court about your behavior. They may also warn of the possible consequences for further breaching. If you are suspected to have broken the order, they might even make a recording of your conversation. You may be asked to appear at a hearing. The police can also ask the court for a revocation of bail. If you are found guilty for violating an Intervention Order, the police can notify the court your name, address and date of birth.
If you are convicted of breaching an Intervention Order, the Court may order you to pay a fine
Depending upon the facts of your case and other factors, the fine may range from $160-$1,250. An expiation fee may also be assessed. This is usually around $500. The penalties are higher for repeated violations. If you are convicted of a violation of an Intervention Order, you will be able to see your Intervention Order on your SA police check.
If you are convicted for breaching an Intervention Order you could be charged with another offense. For example, sending a lot text messages to a Protected Person could result in harassment. If you make a lot or repeated calls to a person protected, you may be charged with stalking. If you are facing charges for violating an Intervention Order, it is a good idea to contact the local Community Law Centre for free legal assistance. You may also be charged with a Criminal Offence if you knowingly make false statements to secure an Intervention Order.
You can appeal to the court to get a modification or special conditions if you are charged with violating the Intervention Order. If you are granted a variance, you might be given a condition that makes it safer.
Response to a breach
Taking steps to avoid a breach of an Intervention Order is an important step. The consequences can be severe and could lead to a criminal record or even imprisonment. If you are not sure if or not you will face criminal charges for violating an Intervention Order, you should seek professional legal advice.
An intervention order can be a court order by a magistrate to prohibit or limit certain behaviours that could put another person at risk. They are often referred to as restraining orders or protection orders. They are available in Victoria and you can apply for one. Personal Safety Intervention Orders and Family Violence Intervention Orders are two examples of the types that can be issued.
An Intervention Order can be requested for many reasons. These could be to protect someone from a stalker and/or keep someone from harming themself. An Intervention Order can restrict a person’s ability to travel to work or prevent them from going to a local café or supermarket. In some cases it may also bar a person contacting their children.
Anyone can apply to an Intervention Order
The process is complex and may involve the help of a lawyer. The order can also be challenged in court. The parties can negotiate and present evidence to court if they are unable to agree on the terms. An Intervention Order may also include terms of undertaking, or a written promise. You should seek legal advice if you are considering applying for an Intervention Order. This will help you understand the complexities of this process.
Anyone can apply for an Intervention Order. A good lawyer can help you understand all the legal requirements. Depending on what you submit, you may be charged for violating an Intervention Order. A failure to inform the court of a breach does not affect the validity of the order, but can be a defence in some cases. It is also possible for an Intervention Order to be violated without actually breaking the law. This is usually the case if the person making the application was not aware that they were breaching the order.
An Intervention Order refers to a legal document that is created in the Victorian courts. It is best for you to seek legal counsel if you are thinking about applying. While there are many different types of Intervention Orders, the most common ones are Personal Safety Intervention Orders and Family Violence Intervention Orders. They are issued by police and a copy is sent to the respondent’s local station.