There are some things you need to know, regardless of whether you are the person applying for an intervention order or the one responding. These include how to report violations and what penalties you could face for violating an intervention order.
Violation of an intervention order can result in severe penalties
Although the penalties for violating an order of intervention are the same as a criminal offense in general, there are some distinctions. For example, penalties for aggravated violations carry a maximum of five years imprisonment. If a person is found to have broken an Intervention Order, they can be banned from owning firearms for up five years.
Breaching an Intervention Order could lead to a number of serious harms. These include actual physical and psychological harm to the person whose order was broken. It is possible to be convicted for an indictable offence. This would take longer to resolve at the Magistrates’ Court.
The Legal Remedies Sub-Committee of the Domestic Violence Committee recommended that the maximum penalty for breaching an Intervention Order be increased. The current maximum penalty for violating an Intervention Order is appropriate. However, it was noted that there could be more done to reduce harm and increase deterrence.
The Victorian Law Reform Commission (VLRC) produced a report in March 2006 titled Review of Family Violence Laws. The VLRC reviewed Victoria’s history and operation of intervention order, their effectiveness and the impact they had on the justice system.
In addition, the report included a number of recommendations
The best way to reduce harms caused by a breach of an Intervention Order is for you to act as soon as possible. This includes reporting the breach to the police. Police can then decide what next steps to take. The person breaking the order will need explanations and to explain the order. This is also a time to note any relevant circumstances.
Infractions of an Intervention Order will result in the highest penalties. These are statutory provisions that set the maximum penalty at one of the scale levels. The maximum penalty for repeat offences and the maximum penalty in contraventions are both included in the scale. A repeat offence is usually committed on the same victim.
The most effective penalties for violating an Intervention Order include those that increase deterrence and decrease the number of incidents. In other words, the penalties for breaching an Intervention Order are likely to be less severe than the penalties for other crimes, but they are still sufficient to make the courts recognize that they will not tolerate misconduct.
Contested hearings
An Intervention order on your record can impact your employment, travel, as well as other aspects of life. You have two options: appeal or contest an Intervention Order. If you want to contest it, then you will need to do so in Court.
To contest an order of intervention, you must attend a hearing. This is a court hearing in which the applicant presents evidence that the order is invalid. The magistrate will listen to both sides and make a decision. This process may take some time. If you are concerned about the consequences of an intervention order, it is a good idea to seek legal advice.
If you wish to contest an order for intervention, you can ask the court for the order to be revoked or modified. You can also ask the court to dismiss the application. An interim intervention order can also be challenged. An interim order is an order issued while a final order has been made. You must appeal within 30 days after the order is issued.
The order must explain why it is being issued, the conditions that must be met and how it will be enforced. It must also state the consequences of not following the conditions. You may be convicted of breaching an intervention order if you fail to comply with the conditions.
The order will also indicate the dates for each stage
It may be at the Supreme Court of Victoria, County Court, or magistrate’s Court. The order must also include the reasons for the intervention order as well as the circumstances in which it can be removed. This is the same standard of proof that is required in a criminal prosecution. An experienced criminal lawyer should be consulted if you have any questions about a contested or disputed order.
A contested hearing refers to a court hearing in which the applicant presents evidence that proves the order is invalid. A respondent can also present evidence in a contested court hearing, but he or her may not have a lawyer. The respondent may not be able to cross-examine witnesses.
If the respondent is a gun license holder
A person may be barred from holding a firearms licence depending on the circumstances. This could include someone who has been convicted of a crime. If a person has been convicted of sexual abuse, for example, they could be banned. The person could be banned for up to fifteen years if this happens.
It is important that someone who is prohibited from possessing firearms understands the terms of the Intervention Order. These conditions may impact how the person contacts the Protected Person. He should inform anyone he contacts that he is not allowed to possess a firearm. If he breaches the conditions of the order, he could face a fine.
firearms
A person may be restricted from owning a firearm. This includes ammunition. A person’s firearms license may have been taken under an interim order.
A person who is prohibited from having a firearm should seek legal counsel to ensure they understand the order and that they aren’t in breach. If the person is a member of the Police Force, the case can be more complicated.
Before they can serve the respondent with the Police Issued Interim Instance Order, the police must complete Form 9 Statement Of Factual Matters supporting it. They must also give a copy to the respondent. They can give the respondent a “recorded access notice” When they view the evidence, the person must be under the control of a police officer.
A temporary or permanent order may be issued to prohibit a person from possessing a firearm. This can require them to stay away from the person or surrender any firearms they may have. Intervention orders may also require that the person not contact any minor children they have in their care. Intervention orders are often given for people who need immediate protection.
A person who is prohibited from purchasing a firearm should seek independent legal counsel to ensure that they fully understand the terms. A fine could be imposed on a person who is found to have violated an Intervention Order. A warrant may also be issued against the person.
