Persistent Contravention | Family Violence?
If you have been charged with this offence, you must engage an experienced domestic violence lawyer get advice in relation to the following:
- Can the prosecution establish all elements of the offence?
- Did you intend to breach a family violence safety notice or family violence intervention order?
- Did the conduct occur on more than two separate occasions, with 28 days.
If you have been charged, you should consider seek expert legal representation.
For more information on the charge, please read below or follow the link for a general overview of all family violence charges.
What is Persistent Contravention Family Violence?
- On three occasions within a 28 day period a person has breached the conditions of a Family Violence Safety Notice or Family Violence Intervention Order.
- The charge of section 123 of the Family Violence Safety Act will often accompany a s123A offence and will be withdrawn as an alternative charge on a plea of guilty to a s125A charge.
Section 125A offence
Section 125A of the Family Violence Protection Act 2008.
The prosecution must prove:
The defendant was subject to a family violence safety notice/family violence intervention order;
The defendant engaged in conduct that would constitute and offence against s37 or s123 of the Family Violence Protection Act 2008; and
That on two occasions or more in a 28 day period the defendant engaged in conduct that breached s37/s123.
The maximum penalty re s125A
Level 6 imprisonment with a maximum of 5 years, or a level 6 fine with a maximum of 600 penalty units, or both.
Where will my case be heard re s125A?
A charge of Persistent Contravention of Notices and Orders will most likely be heard in the Magistrates Court, but can be heard in the County or Supreme Courts because it is an indictable offence.
What to do next regarding a s125A charge?
A charge of Persistent Contravention of Notices and Orders can result in serious penalties, including imprisonment, if you are found guilty. You should contact an specialist criminal defence lawyer today to ensure there is adequate time to prepare the best possible defence on your behalf.
The legislation re 125A
Section 125A Persistent contravention of notices and orders
(1) A person must not persistently contravene a family violence safety notice or a family violence intervention order.
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.
(2) To prove an offence against subsection (1) it is necessary to prove that—
(a) the accused engaged in conduct that would constitute an offence against section 37 or 123; and
(b) on at least 2 other occasions within a period of 28 days immediately preceding the conduct referred to in paragraph (a), the accused engaged in conduct that would constitute an offence against section 37 or 123 in relation to—
(i) the same protected person; or
(ii) the same family violence safety notice or family violence intervention order (whether an interim order or a final order), whether or not in relation to the same protected person; or
(iii) a family violence safety notice and a family violence intervention order (whether an interim order or a final order) made on the family violence safety notice as an application, whether or not in relation to the same protected person; and
(c) on each of the occasions referred to in paragraphs (a) and (b) the accused knew or ought to have known that the conduct constituted a contravention of the family violence safety notice or family violence intervention order (as the case requires).
(3) In a proceeding for an offence against subsection (1), a defence available under section 37(3) or 123(3) is a defence to an allegation that the accused engaged in conduct that would constitute an offence against section 37 or 123 (as the case requires).
(4) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly.
(5) A person who is convicted or acquitted of an offence against subsection (1) shall not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A.
