criminal law

Intervention Orders

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Intervention Orders – Don’t Breach them, tougher Penalties are coming

The South Australian Parliament is considering new laws which increases penalties and create new offences for individuals who breach Intervention Orders.

An Intervention Order, commonly referred to as a “restraining order” or an “AVO” (Apprehended Violence Order), is a court order protecting a Protected Person from acts of abuse from a Defendant.

There are two classifications of Intervention Order:

  1. Domestic; and
  2. Non-Domestic

The conditions imposed on each Intervention Order varies from case to case. Some orders simply prevent a Defendant from assaulting, threatening, intimidating or harassing the Protected Person. Other Intervention Orders are very strict and may prevent any contact with the Protected Person at all, or require you to not reside at certain addresses. Once an Intervention Order is confirmed by the Court, a defendant is bound by the conditions of the order indefinitely and the order operates Australia-wide.

As the law stands, breaching an Intervention Order carries a maximum penalty of up to 2 years jail. Breaching an intervention order with violence or having unlawful contact with a Protected Person renders a defendant a Prescribed Applicant and is very unlikely to get bail.

It is serious offending and those that breach Intervention Orders are frequently imprisoned.

However, the new laws will double the penalty for breaching an Intervention Order in some circumstances.

Under the proposed laws, a person who breaches a condition of an Intervention Order with physical violence or the threat of physical violence is liable to be imprisoned for up to 4 years. Likewise, any person who breaches a condition of the order three times or more is also liable to be imprisoned for up to 4 years.

These new laws will almost certainly pass the Parliament at some point in early to mid-2019.

If you have been served with an Interim Intervention Order, or an allegation of domestic violence has been made against you, obtain legal advice immediately. There are grave consequences for a defendant if you fail to comply with these orders. Contact one of our intervention order lawyers here in Adelaide on 82272322.

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