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Explaining How Family Violence Orders and Personal Protection Orders Work in the Australian Capital Territory.
Andrew Byrnes Law Group • June 16, 2020
A Personal Protection Order or Family Violence Order provides legal protection to people or family members who have experienced violence, for example, physical, sexual, or psychological abuse by another person. Under the Family Violence Act of 2016 and Personal Violence Act of 2016, a breach is considered a serious criminal act in the Australian Capital Territory (ACT). If you’ve served orders and aren’t sure what constitutes a breach, or you have been charged with a breach offence by police, read on to find out exactly what a breach entails before working with a civil lawyer or criminal lawyer to get advice.
What is considered a breach of a Personal Protection Order or Family Violence Order?
The 2016 Act is designed to prevent acts of violence or protect victims from further injury or damage. Breaching an order in the ACT is a serious offence and can result in a defendant being arrested and charged.
A breach might include contacting or stalking the protected party either in person or electronically. Breaches can be reported soon after they occur.
If a person is charged with breaching a family violence order or protection order, defendants must respond to the case in Court through their plea of either guilty or not guilty. An experienced criminal lawyer can help advise you what is in your best interests.
What can be considered a defence against a breach offence?
One example of a defence that you may be able to raise is that because you need to have either been present when the order was made in Court or otherwise served with the order, it would be a defence if you had not been served with the order or were not aware of the order’s existence. Another defence often raised in response to these types of allegations is to explain that the breach did not happen.
If you aren’t sure about how to handle your case, it’s best to get urgent advice from an experienced criminal lawyer.
What penalties does a breach of an order entail?
The repercussions for a person charged with breaching an Order can be severe, ranging from a maximum fine of 500 penalty units and up to 5 years in prison.
Can the conditions of a Violence Order be revoked?
Orders generally remain active for two years or shorter if stated in the order. Under exceptional circumstances, Violence Orders can last for more than two years. It is possible for the parties to apply to the court to review or revoke conditions that are unsuitable or not required.
In the end, it’s up to a court to approve or dismiss an application made to revoke an order. You should get urgent advice about the application from a civil lawyer or criminal lawyer if you wish to apply to revoke an order.
Conclusion
Personal Protection Order cases and Family Violence Order cases can be more complex than they seem, and the legislation is complex.
If you need guidance in your application or response to an application for orders, or if you require representation from an experienced criminal lawyer, look no further and give us a call at Andrew Byrnes Law Group. Our criminal lawyers and civil lawyers can give you high quality legal representation in order to ensure you get the best possible result.
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