Breaching Intervention Process Penalties and Defences
Depending on the nature of the intervention, there are several different penalties for breaching an intervention order. Often, the penalties can be quite harsh, causing a great deal of disruption in a person’s life. It can be costly and time-consuming to fight against a breaching an intervention order. This article will discuss these penalties and the defenses that you can use to help you in this situation.
Violation of an intervention order can result in severe penalties
Whether you are a defendant or respondent, a breach of an intervention order is a criminal offence. This means that you are likely to face hefty fines and imprisonment. Before you appear in court for breaching an order of intervention, it is important to get legal advice.
A magistrates court will typically bring a person who violates an Intervention Order. The court must prove that the person breached the order’s conditions. The court can also order the person to attend an intervention program.
You may receive a notice from a police officer indicating that you have been given an Intervention Order application. You will be summoned to court by the Notice.
There are defenses to any charge of breaching an Intervention Order
You may be able argue that the Intervention Order conditions are unclear or that your compliance was not as required. If you are charged with a breach, you should speak with a lawyer who specializes in breaching cases. For those who aren’t sure about the process, a free initial consultation is available.
The penalties for breaching an Intervention Order vary greatly. For example, two years imprisonment could be possible if you are found guilty of violating a Family Violence Intervention Order. A fine of up to $315 may also be possible. If you are charged with breaching a Protection Order, you may be charged with a fine of up to $5,000.
You can be charged in any Australian jurisdiction if you are accused of breaching an Intervention Order. You will also need to decide whether to plead guilty or not guilty. They should immediately contact a lawyer if you are charged with violating an Intervention or Protection Order.
Family violence offenses have become a hot topic over the past few years. The Victoria courts have taken a hard line against family violence-related offences and have imposed heavy penalties and imprisonment on the defendants.
Criminal charges
Your rights are paramount, whether you are a defendant or witness in a criminal trial. You need to be free from biases and pressure. The prosecutor is an agent who is in charge of the investigation and prosecution of criminal charges. He works with private parties, the police, as well as an investigating magistrate.
Protecting witnesses’ rights includes confidentiality, dignity, sensitivity, and freedom from pressure or bias. The prosecutor’s function in criminal cases is concentrated in different areas in different systems, increasing the independence of the judges. This is an important role, as it directly affects the protection for human rights at each stage of the criminal case.
Importantly, the prosecutor’s job is also important. Prosecutors have an ethical duty to believe in their case. This can lead, however, to tunnel vision. Prosecutors may become too focused on their case and lose sight of the fact that a person convicted is not the same person who has not committed any crime. This can lead to unfair or biased prosecution. Consequently, the prosecutor must first satisfy himself or herself of guilt before going ahead with the prosecution.