Offence—contravention of family violence order
43 Offence—contravention of family violence order
This section applies to a person against whom a family violence order is made if the person—
was present when the family violence order was made; or
has been personally served in accordance with this Act with a copy of the family violence order.
The person commits an offence if the person engages in conduct that contravenes the family violence order (including a condition of the order).
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
In deciding the sentence to be imposed on a person under this section, the Magistrates Court must consider the matters under the Crimes (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).
This section applies to conduct engaged in within the ACT as well as outside.
A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) if the person—
is a protected person under the family violence order; and
aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of conduct that contravenes the order (including a condition of the order).
This Act’s bill:Explanatory statementSecond reading speech
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