s123 Contravention of Family Violence Intervention Order

Have you been charged with Contravening a Family Violence Intervention Order?

There may be potential defences available to you should your matter proceed to court. Can the prosecution establish all elements of the offence? Had the family violence intervention order been fully explained to you? Was the other person also subject to a family violence intervention order?

An experienced criminal lawyer may be able to help you argue a legal defence to this charge. It is important, however, that you leave plenty of time to prepare for your matter.

Please read below for further information.

What is Contravening a Family Violence Intervention order or (FVIO)

A person contravenes a family violence intervention order in Victoria when they do something that is prohibited by order. The order sets out a number of conditions, if any of those conditions are breached and the other side reports that breach, it is likely that a charge of contravening a family violence intervention order will follow. 

The offence: Section 123 of the Family Violence Protection Act 2008.

The prosecution must prove:

1. The defendant was under a family violence intervention order;
2. That the order had been served, or its effect explained to them; and
3. That the defendant contravened the order.

The maximum penalty

Level 7 imprisonment with a maximum of 2 years or a level 7 fine of 240 penalty units, or both.

Where will my case be heard?

A charge for the Contravention of Family Violence Intervention Order will be heard in the Magistrates’ Court.

What to do next?

Contravention of Family Violence Intervention Order carries severe maximum penalties, including the possibility of imprisonment, if you are convicted. It is highly recommended that you contact an experienced criminal defence lawyer immediately to ensure there is time to prepare the best possible defence to be raised on your behalf.

The legislation

Section 123 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(1), 60G(1) or 96(1).

(2)     The person must not contravene the order.

Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

(2A)     It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred.

(2B) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.

(3) In a proceeding for an offence against subsection (2) constituted by contravening a family violence intervention order, it is a defence to the charge for the accused to prove that—

(a) the accused was the respondent under the family violence intervention order; and

(b) 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

(c) the accused’s conduct was not in contravention of the family violence safety notice.

(4) In a proceeding for an offence against subsection (2) constituted by contravening a recognised DVO, it is a defence to the charge for the accused to prove that—

(a) the accused was the respondent under the recognised DVO; and

(b) a family violence safety notice in relation to the same protected person and respondent—

(i) was issued after the recognised DVO was made; and

(ii) was in force at the time the offence was alleged to have been committed; and

(c) the accused’s conduct complied with the family violence safety notice; and

(d) the accused could not have complied with the recognised DVO at the same time.