Depending on the nature of the breach, a persistent breach of an intervention order can result in a wide range of penalties. A persistent violation can be defined as a series of violations that occur over a long period of time. It can also be defined as an aggravated form of the offence. Depending on the nature of the breach, a breach can result in a fine, a prison sentence or both.
If you are charged with breaching an Intervention Order, you will need to seek legal advice. The penalties for violating an IVO are severe. An IVO breach can lead to a $99,132 fine. A prison sentence for violating an IVO could be as long as 5 years. It is important to note that you may still be charged with other offences, even if you have not breached an Intervention Order. Moreover, you may still need a criminal solicitor to defend you against other charges.
The penalties for persistent breaches of an intervention order can be substantial. In Victoria, the maximum penalty to be found for a violation of an Intervention Order is 240 penal units. For an offense committed in New South Wales the maximum penalty is 240 penalty units. However, penalties for breaching an IVO vary in Australia’s states of South Australia or New Zealand.
An aggravated version of the offense may be used if you are charged for breaching an Intervention Order
The aggravated form of the offence recognises the criminality of breaching an intervention order and the degree to which the breach is deliberate. An additional five-year prison sentence can be issued for the aggravated form. A fine of up to $93273 can be imposed.
If you are charged for breach of an an Intervention Order, penalties may be imposed for persistent breaches or orders. You must have violated the notice more than once within 28 days to be charged with breaching it. Even if the intention was not to breach a Notice, you can still be charged. For example, you may be charged with breaching an Intervention Order if you are arrested and charged with an IVO, even if you did not intend to contravene the notice. The police officer must prove that you knew or ought not to have known that you were violating an order.
A 125A offence may be filed if you are accused of violating a Family Violence Intervention Order. This offense provides for more severe penalties for persistent breaches to a family Violence Intervention Order. A Family Violence Intervention Order violation can lead to a maximum penalty amounting to five years imprisonment. If you are charged with an offense that is indictable, you may also be subject to a maximum penalty up to 600 penalty units. You can also be charged with a maximum penalty up to 240 penalty points if you are accused of offences relating a family violence intervention order.
If you agree with an intervention order but not to what is being spoken
A good thing is an intervention order for some people. But there are some things you need to remember if your intention is to apply for one. For example, if you are applying for an intervention order to protect a family member, you may want to consider how your behaviour will be viewed by others. It could be considered harassment if you watch a child repeatedly. If you agree to an order allowing you to see your child without an official parent order, you might also want to consider ways to get your kid to visit you.
A criminal lawyer can help determine how your conduct will be viewed. They can help you with any questions you may have about intervention orders, and they can also help you fight any charges you may be facing.
An Intervention Order can include many conditions. These may include restrictions on your travel and/or the right to see children. You might be told that you are not allowed to own a gun or that it is illegal to visit a café or supermarket. If you breach these conditions, you could be in trouble, and if you are charged with a crime, you could face jail time.
An Intervention Order can also offer a variety of other benefits
An example of this is the possibility that you could have parenting arrangements for your child. You could also have your name listed on a property. You may be able to have your intervention order modified to accommodate your wishes if you wish to have your name listed on a particular property. It’s a good idea to seek legal advice before you agree to anything.
It’s not a good idea, however, to lie on an Intervention Order Application. False claims will make it less likely for the police to accept an Undertaking. However, it can still be helpful to have someone with you to keep you on the straight and narrow, and to make sure you tell your story clearly.
The first step in applying for an Intervention Order is to find out what kind of order you need. An intervention order may be necessary to protect a family member or to protect a child. If you are the parent, an Intervention Order may be necessary to protect your children from you. An Intervention Order can be obtained by the police. An Intervention Order can also be obtained if you are a victim or in danger of becoming one.
You have two options: you can consent to the terms of an Intervention Order or you can request an undertaking. An Undertaking is a promise from the person who made the order not to breach the conditions of the order. If an order is violated, the person who made it can ask the court to restore it.