New South Wales Consolidated Acts
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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 14
Offence of contravening apprehended violence order
(1) A person who knowingly contravenes a prohibition or restriction specified
in an apprehended violence order made against the person is guilty of an
Maximum penalty: Imprisonment for 2 years or 50 penalty units, or
(2) A person is not guilty of an offence against subsection (1) unless:
(a) in the case of an apprehended violence order made by a court, the person
was served with a copy of the order or was present in court when the order was
(b) in any other case, the person was served with a copy of the
apprehended violence order.
(3) A person is not guilty of an offence against
subsection (1) if the contravention of the prohibition or restriction
(a) was necessary in order to attend mediation under section 21, or
(b) was done in compliance with the terms of a property recovery order.
Unless the court otherwise orders, a person who is convicted of an offence
against subsection (1) must be sentenced to a term of imprisonment if the act
constituting the offence was an act of violence against a person.
Subsection (4) does not apply if the person convicted was under 18 years of
age at the time of the alleged offence.
(6) Where the court determines not to
impose a sentence of imprisonment, it must give its reasons for not doing so.
(7) A person is not guilty of an offence of aiding, abetting, counselling or
procuring the commission of an offence against subsection (1) if the person is
a protected person under the order concerned.
(8) A police officer is to make
a written record of the reasons for:
(a) a decision by the police officer not
to initiate criminal proceedings against a person for an alleged contravention
of subsection (1) or (9) (whether or not the person is arrested), or
decision by the police officer not to proceed with criminal proceedings
against a person for an alleged contravention of subsection (1) or (9), if the
police officer or another police officer suspects on reasonable grounds that
the person has committed an offence against either subsection or if an alleged
contravention of either subsection by the person has been reported to the
police officer or another police officer.
(9) A person who attempts to commit
an offence against subsection (1) is guilty of an offence against that
subsection and is punishable as if the offence attempted had been committed.
Note : The Law Enforcement (Powers and Responsibilities) Act 2002 contains
powers of police officers in relation to suspected offences, including a power
to arrest a person, without warrant, if the police officer suspects on
reasonable grounds that a person has committed an offence.
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