Victorian Current Acts Victorian Current Acts(1) This section applies if a person—
(a) has been served with a family violence safety notice; and
(b) has had an explanation of the notice given to the person in accordance with section 35.
(2) The person must not contravene the notice.
Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.
S. 37(2A) inserted by No. 83/2012 s. 5.
(2A) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred.
S. 37(2B) inserted by No. 83/2012 s. 5.
(2B) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.
(3) In a proceeding for an offence against subsection (2) constituted by contravening a family violence safety notice, it is a defence to the charge for the accused person to prove that—
(a) the accused person was the respondent under the family violence safety notice; and
(b) a family violence intervention order in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and
(c) the accused person's conduct was not in contravention of the family violence intervention order.
S. 37(4) inserted by No. 53/2016 s. 47.
(4) In a proceeding for an offence against subsection (2), it is not a defence to the charge that—
(a) the accused person was the respondent under the family violence safety notice; and
(b) a recognised DVO in relation to the same protected person and respondent—
(i) was made before the family violence safety notice was issued; and
(ii) was in force at the time the offence was alleged to have been committed; and
(c) the accused person's conduct was not a contravention of the recognised DVO.
S. 37A inserted by No. 83/2012 s. 6.