We take enquiries and provide free initial advice over the telephone in respect of being interviewed by Police and in relation to charges received for any breach of DVO call now on 07 3036 0712.
Breach of Domestic Violence Order
In the event that a final Order is made or accepted by someone without admissions the Police may have reported to them a breach of that Order during the period of the Order. The Police then have a discretion as to whether they prosecute the allegation of the breach and may press charges against the person.
It is important to be wary of the fact that even in circumstances where the Applicant has invited or requested to be contacted, be it by telephone or being present at their property, such contact is prohibited by the Intervention Order and it will constitute a breach and the Police will likely charge you for such breach stating that they have little discretion in such matters.
The breach documents, usually a Charge Sheet and Summons, will be served upon the person and they will be given a first return or mention at Court where they need to attend themselves or with a lawyer to assist them. We have extensive experiencing supporting people against whom breaches are alleged and successfully challenging breaches through the Police withdrawing, or through contested hearing. We also support and guide you in reporting breaches you have observed to the Police.
Penalties for a breach range from a fine to up to two years imprisonment, depending on the jurisdiction and severity of the breach of the Order. Fines can range up to $28,036.80.
The Courts are increasingly taking a hard line on all matters involving domestic violence. Consequently even for minor type breaches of an Intervention Order such as sending a text message or record of a phone call attract a fine anywhere between $500.00 $2,000.00 in our experience. Even more significantly for those people who do not have a criminal record any breach charge that is proven will give rise to a criminal record, which will affect that person in future with regard to travelling overseas and/or employment criminal history checks.