Victorian Current Acts Victorian Current Acts(1) A person must not persistently contravene a family violence safety notice or a family violence intervention order.
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.
(2) To prove an offence against subsection (1) it is necessary to prove that—
(a) the accused engaged in conduct that would constitute an offence against section 37 or 123; and
(b) on at least 2 other occasions within a period of 28 days immediately preceding the conduct referred to in paragraph (a), the accused engaged in conduct that would constitute an offence against section 37 or 123 in relation to—
(i) the same protected person; or
(ii) the same family violence safety notice or family violence intervention order (whether an interim order or a final order), whether or not in relation to the same protected person; or
(iii) a family violence safety notice and a family violence intervention order (whether an interim order or a final order) made on the family violence safety notice as an application, whether or not in relation to the same protected person; and
(c) on each of the occasions referred to in paragraphs (a) and (b) the accused knew or ought to have known that the conduct constituted a contravention of the family violence safety notice or family violence intervention order (as the case requires).
(3) In a proceeding for an offence against subsection (1), a defence available under section 37(3) or 123(3) is a defence to an allegation that the accused engaged in conduct that would constitute an offence against section 37 or 123 (as the case requires).
(4) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly.
(5) A person who is convicted or acquitted of an offence against subsection (1) shall not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A.
Pt 4 Div. 12 (Heading and s. 125B) inserted by No. 53/2016 s. 56.
Division 12—Double jeopardy—recognised DVOs
S. 125B inserted by No. 53/2016 s. 56.