No matter if you’re facing a criminal or civil case, a breach intervention orders can have an impact on your job as well as your personal life. Here’s what to know about these orders.
Criminal offence
If they violate an active intervention order, defendants can be charged with a Criminal Offensive Under Breach Intervention Or. It can lead to a maximum of two years imprisonment. It is usually dealt with by the Magistrates’ court. However, in some cases, the charge may be heard in a higher court.
Important to note that anyone who is charged with violating an intervention order could also be charged with breaching a Family Violence Safety Notice. These orders have similar conditions as the intervention order. The penalty for breaching a Family Violence Safety Notice is the same as the intervention order. The penalty for violating an Order of Stalking Intervention is the same punishment as for violating a Family Violence Safety Notice.
Children are protected from abuse by intervention orders. They can be obtained through a lawyer, who will advise the court on the appropriateness of the order. If you believe you have violated an Intervention Order, contact the police immediately.
The police will then determine your next steps
The Victorian Sentencing Advisory Council recommended a review on the penalties for violating intervention orders. A legislative guide was also recommended to determine the severity of a violation. This legislative guide should consider the history of intervention orders in this state, as well as the current state of the law. The Council conducted a survey and received feedback from all stakeholders. The Council then published a report.
Intervention orders are a mix of civil and criminal law. They protect property and children. They are not meant to replace the criminal law. They can be used to deal with violence between intimate partners. However, they don’t preclude defendants being charged with other offences. If you are charged with an offence, you should seek legal advice.
In most cases, a County Court will impose a sentence of one month or less. Some offences, like a violation of a Family Violence Safety Notice may result in a sentence of up to one year.
Civil matter
While it might not be an easy task to obtain a Breach Intervention Order in your area, it is vital if you are to avoid a visit from the local magistrates’ court. There are many legal and financial services firms that can help you get recompense for such an offense. Some firms will even take the initiative and work with you to obtain your deserved swag. It is important to remember that obtaining such an order can be time-consuming. Be patient and don’t be afraid to ask questions. Balot Reilly Lawyers is available to assist you if needed. We are happy to discuss and give legal advice on a individual basis. Our legal team can help make the process as simple as possible. For a free consultation, contact us today. We can advise you on obtaining a Breach Intervention Order, and help you to ensure that you are awarded the maximum amount of compensation for your breach of court.
Penalties
There are different penalties for breaking an intervention order depending on the circumstances. If you’ve been charged with a breach of an intervention order, you need to understand what you can do to protect yourself. A professional can help you avoid the legal consequences of a breach.
Breaches of Family Violence Intervention Orders are considered a serious criminal offence. They can lead to a maximum term imprisonment of 5 years. They could also lead to fines. If you are facing charges for breaching a Family Violence Intervention Order it is important that you seek legal advice from an experienced criminal defense lawyer.
If you refuse a police officer’s notice to stop family violence, you may be charged with breaching an Intervention Order. The officer may also issue a notice to you to appear in court to request an Intervention Order.
The police will question you and investigate the alleged breach
They may ask you to record details about the alleged breach. These details will help the police with their investigation. Be careful to avoid filling in any gaps in the investigation.
If you are charged with a breach of an Intervention Order, you should get legal advice before the hearing. Next, prepare for a bail request. The court might take your family violence seriously and send you to prison. A lawyer can help make an informed decision on whether you should plead guilty.
The severity of the alleged offense determines the severity of the penalty for violating an Intervention Order. An aggravated offense may be filed if the alleged offense involves physical violence. If the offence is repeated the maximum penalties will rise.
A breach of an intervention orders can lead to maximum penalties of up 240 penalty unit or 5 years imprisonment. If you are charged for an aggravated offense, your maximum penalty will be increased to 10 years imprisonment. If you are charged with violating an intervention order, it is important to consult an experienced criminal defense attorney.
