Penalties for contravention of DVO
121 Penalties for contravention of DVO
Subject to this section, a person is liable to a maximum penalty of imprisonment for 2 years if the person is found guilty of an offence against section 120(1).
A person is liable to an aggregated maximum penalty of imprisonment for 3 years if:
the person is found guilty of at least 3 offences against section 120(1); and
the conduct constituting these offences took place within a period of 28 days; and
the person is being sentenced for these offences at the same time; and
the conduct constituting these offences did not involve harm or a threat to commit harm to the protected person under the relevant
DVOs.
Example of harm for subsection (2)(d)
Sexual or other assault.
Despite any provision to the contrary in the Local Court (Criminal Procedure) Act 1928, for subsection (2) the maximum penalty under that subsection may be imposed whether or not the offences against section 120(1) are laid on complaint, information or indictment or any combination of them.
A person found guilty of an offence against section 120(1) is taken to have committed a level 1 aggravated offence and is liable to a maximum penalty of imprisonment for 3 years if the person was previously found guilty of an offence against section 120(1).
A person found guilty of an offence against section 120(1) is taken to have committed a level 2 aggravated offence and is liable to a maximum penalty of imprisonment for 5 years if the conduct constituting the offence involved harm or a threat to commit harm to the protected person under the DVO.
Example of harm for subsection (5)
Sexual or other assault.
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