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Written by
Greg Barns
Criminal Defence Lawyer


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Domestic Violence Offences - TAS
Welcome to the TAS Breach Intervention Order article page. Everything you need to know about Breach Intervention Order according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Breach Intervention Order
According to TAS Law for the charge of Breach Intervention Order,

Family Violence Protection Act 2008 - SECT 123

Offence for contravention of family violence intervention order

123. Offence for contravention of family violence intervention order

(1) This section applies if a person against whom a family violence intervention order has been made-

   (a)  has been served with a copy of the order; or

   (b)  has had an explanation of the order given to the person in accordance
        with section 57 or 96.

(2) The person must not contravene the order.

The Maximum Penalty - Breach Intervention Order
According to TAS Law for the charge of Breach Intervention Order, 2 years/240 penalty units

What the Police must prove according to TAS Law for Breach Intervention Order

(a) A family intervention order has been made against a person.

(b) The accused is aware of the intervention order.

(c) The accused contravenes the intervention order.

Possible Defences under TAS Law - Breach Intervention Order

(a) Consent.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute

(e) Lack of intent.

(f) The accused was the respondent under the family violence intervention order; and a family violence safety notice 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 the accused's conduct was not in contravention of the family violence safety notice.

In TAS which court will hear the matter - Breach Intervention Order
Magistrates' Court.

Street Names for Breach Intervention Order

Breach domestic violence order, family violence order

This is a test article. This article has been placed online in order to test the integrity of the ADLA integration. This should not be considered as legal advice.