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Actions which may cause a breach Edit

  • Sending an abusive text message
  • Residing in the same house as the aggrieved person
  • Owning/using a firearm
  • Approaching the aggrieved person in a manner which is inconsistent with the order
  • Any other behaviour which would go against the terms of the order

A breach can occur within or outside the ACT

What happens when a breach occurs Edit

  • Police will be notified
  • If it is believed that the breach was significant the police may charge the offender

What happens when a breach occurs Edit

  • Once the police have charged an offender the matter will go to a criminal court
  • The police must prove:
    • the offender was presented when the order was made OR was personally served
    • the offender committed an offence that was direct breach of the order

What you should do if you breach an order Edit

Seek legal advice

https://www.actlawsociety.asn.au/law-firms-directory


For more information:

http://www.victimsandjustice.act.gov.au/types_of_crime/family_violence http://cdn.justice.act.gov.au/resources/uploads/New_Victim_Support/pdf/Factsheet_14B_Protection_Orders_Applicants.indd_.pdf https://www.1800respect.org.au/common-questions/how-can-a-protection-order-help-stop-the-violence/australian-capital-territory-domestic-violence-orders/


The Domestic Violence and Prevention Orders Act 2008

http://www.legislation.act.gov.au/a/2008-46/current/pdf/2008-46.pdf

The Family Law Act 1975

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/