See also the Law Handbook's Criminal law chapter on Breaching an intervention order. Torquay police have arrested a man accused of breaching an intervention order. The Bail Act 1985 (SA) and the Sentencing Act 2017 (SA) specifically provide for bail to allow a defendant to undertake assessment for, and participation in, an intervention program. The defendant may be arrested and charged. If you feel you are in danger you should immediately dial 131 444 (or 000) and patrol car can be sent out to assist you. If the defendant does not comply with the conditions of the Intervention order this is called a Breach of the Order. Man arrested over alleged intervention order breach . Tiered penalties: imprisonment for one year or fine of 20 penalty units ($2,400) for first offence to imprisonment for five years for fourth or subsequent offence (s 35 of Tas Act) ACT. In a post to the Eyewatch - Surf Coast Police Service Area Facebook page, Sergeant Peter Christo said no one should put up with living in fear. A person who contravenes a term of an intervention order in relation to an intervention program is guilty of an offence with a maximum penalty of a fine of $1 250 (expiation fee: $160) [s 31(1)]. On the appeal Vanstone J first examined [at 7] the penalty for a breach, a maximum penalty of imprisonment of 2 years (the same penalty as in Victoria for breach of an intervention order under s 123 of the Family Violence Protection Act 2008). Concern the defendant will breach an intervention order issued under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) [see Bail Act 1985 (SA) s 10(1)(b)(iv); Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 18 for interim order issued by police; s 21 for orders issued by the Court; and s 12 for general terms of orders]. INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 31 31—Contravention of intervention order (1) A person who contravenes a term of an intervention order imposed under section 13 is guilty of an offence. Breaches of an intervention order A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of a fine of $10 000 or imprisonment for 2 years [ Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31 (2)]. Contact the police if there is breach of this order. Breaching an Intervention Order in South Australia (previously known Restraining Orders) is set out in section 31 of the Intervention Orders (Prevention of Abuse) Act 2009. INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 TABLE OF PROVISIONS Long Title PART 1--Preliminary 1.Short title 3.Interpretation 4.Application of Act outside State PART 2--Objects of Act 5.Objects of Act PART 3--Intervention and associated orders Division 1--General 6.Grounds for issuing intervention order 7.Persons for whose protection intervention order may be issued 8. If a protected person contravenes an intervention order, they are not guilty of an offence of aiding, abetting, counselling or procuring the contravention of an intervention order, as long as their behaviour does not involve another person protected by an intervention order imposed on the defendant. The police may arrest someone whom they suspect has contravene an order. A person will not be charged with aiding or abetting a contravention of an intervention order if the person is protected by the intervention order (i.e. Domestic Violence Crisis Line: 1800 800 098, Website by CeRDI ©Legal Services Intervention orders may be first issued as interim orders by either a court or a police officer. Intervention orders are often the first line of defence for victims of family violence, but court statistics show a large number of them are being violated, and victims are afraid to speak to police. If a breach of the intervention order is taking place by the defendant in your presence or you feel you are in danger, you should immediately dial 131 444 (or 000 in the case of an emergency)and a patrol can be sent out to assist you. Facts: The appellant, who was self-represented at trial, was convicted of three counts of contravening a term of an intervention order, contrary to section 31(2) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA). New laws have been introduced across Australia so that all intervention orders (which are domestic violence-related) made on or after this date will be nationally recognised and enforceable. People who repeatedly breach intervention orders will now face up to four years in jail or fines of up to $20,000, under laws that have now passed State Parliament. Form S18 - Notice to Show Cause (Breach of Non-Pecuniary Order) [33KB] [214KB] Form S19 - Warrant of Arrest (Failure to Complete Non-Pecuniary Order) In other states an Intervention Order is called an Apprehended Violence Order or a Restraining Order. a protected person) and their conduct in contravening the order did not result in contravention in respect of any other person who is protected by the order (or any other intervention order) in force against the defendant [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(3)]. Intervention Orders (Prevention of Abuse) Act 2009 An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases … The safety of the defendant. A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of a fine of $10 000 or imprisonment for 2 years [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2)]. Possible defences to a Contravene Personal Safety Intervention Order charge include, but are not limited to: denying the Respondent’s act breached the specific conditions of the intervention order; denying the Respondent intended to breach the intervention order; denying the Respondent was aware the intervention order was imposed Legally, Breach of an Intervention Order is when someone does not follow the terms of an active Intervention Order. Intervention orders can be varied at any time by either defendant or protected person. Although Intervention Orders in South Australia are civil matters, the breach of an order is a serious criminal offence. If a minor breach is reported police may warn the defendant about his behaviour and give a warning of the consequences of a further breach. The Adelaide Advertiser reports that the number of breaches of intervention orders has risen steadily to more than 40 times a week in South Australia, with 780 … The protected person under the intervention order was the appellant’s ex-partner, the victim ([1]). The parties may have been in a domestic or non-domestic relationship. It is also more helpful if police are able to show a Court that the defendant has engaged in an ongoing pattern of behaviour if charges are laid for breaching an intervention order. The person must be brought before the Court as soon as practicable, and not more than 24 hours after arrest, (but not counting weekends and public holidays). The order is a civil order but breach of an order may be a criminal offence. An order made in another state can be registered in the Magistrates Court and enforced in South Australia. On the appeal Vanstone J first examined [at 7] the penalty for a breach, a maximum penalty of imprisonment of 2 years (the same penalty as in Victoria for breach of an intervention order under s 123 of the Family Violence Protection Act 2008). There are four categories of breach: Failure to undergo assessment or comply with an intervention program [ Intervention Orders (Prevention of Abuse) Act 2009 (SA) ss … As this offence involves ignoring an order imposed by a Court, the offence is considered serious by the courts and Victoria Police.
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