Need a Criminal Law lawyer in TAS?
Speak to a qualified local lawyer today. Free 24/7 hotline or book a $295 consultation.
This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
A breach of a Family Violence Order in Tasmania is a serious criminal offence. In Tasmania, a court may make a Family Violence Order (FVO) under the Family Violence Act 2004. These orders generally prohibit a person from threatening, abusing, or assaulting a protected person of whom they are in a family or domestic relationship with. The legislation sets out who can apply for a FVO and the various grounds on which an order may be granted. For general information about FVOs, see our dedicated article, Family Violence Orders in Tasmania.
This article specifically provides information about breaches of a FVO in Tasmania.
What happens if there is a breach?
Although a FVO in Tasmania is a civil order, meaning that the order itself is not a criminal offence, not complying with it is a criminal offence.
A police officer can arrest a person who they suspect has breached a FVO in Tasmania. The defendant may then remain in police custody until they appear before a court.
If you have been arrested you can apply for bail, but bail will not be granted unless the court or police officer is satisfied that you are unlikely to affect the safety, wellbeing, or interests of the protected person.
What if the protected person contacted me first?
You can still be charged for breaching a Family Violence Order in Tasmania even if the protected person initiated the breach. Protected persons need to be careful not to initiate a breach because they can also be charged for inciting the contravention. For example, if the order states that the defendant cannot come near the protected person’s home, the protected person should not invite the defendant to come over.
A protected person should report a breach of a FVO to Tasmanian police as soon as practicable. Keep notes about the breach, such as date, time, place, and what happened because this will assist police when investigating the breach.
Are there any defences to a breach of a Family Violence Order?
A FVO in Tasmania only takes effect if the defendant was in court when the order was made or if a copy of the order has been given to them. If neither of these has occurred, a defendant cannot be convicted for breaching a FVO.
If you have been charged with breaching a FVO in Tasmania, you should get legal advice before entering a plea of guilty or not guilty. A lawyer will also be able to tell you if there are any possible defences you can raise, such as that you were not aware of the Family Violence Order and can assist you to apply for bail.
What is the penalty for breaching a Family Violence Order?
The penalty for breaching a FVO in Tasmania depends on whether the defendant has previously breached an order. If it is your first offence, the maximum penalty is a fine up to 20 penalty units or imprisonment for up to 12 months.
If it is the defendant’s second breach, the fine increases to 30 penalty units and imprisonment for up to 18 months. A third offence sees the fine increased to 40 penalty units and up to two years imprisonment.
If it is the defendant’s fourth or subsequent breach, then the maximum penalty is a term of imprisonment not exceeding five years. It is irrelevant whether the previous breaches involved orders that were protecting a different person from the current FVO.
How long do Family Violence Orders last in Tasmania?
The Tasmanian court will state in the FVO how long it remains in force. The period set is based on what the court believes is necessary to ensure the safety and interests of the protected person.
Can a Family Violence Orders be varied or revoked?
Sometimes it may be necessary to change the conditions of the FVO. This may be because there is a need to facilitate contact between a parent and a child. A FVO can also be revoked or varied by a Tasmanian court.
The defendant or protected person can apply to a court at any time to have an FVO revoked or varied. A court will not allow revocation or variation of the FVO unless it is satisfied that there has been a substantial change in the relevant circumstances since the order was first made.
The period of time the FVO is in effect may also be extended. This happens if the court is satisfied that an extension is necessary to protect a person or any affected children.
faqs: - question: 'Can the protected person be charged if they initiate contact that leads to a breach of the Family Violence Order?' answer: 'Yes, the protected person can be charged with inciting the contravention of a Family Violence Order if they initiate contact that causes a breach. For example, if an order prohibits the defendant from coming near the protected person''s home, the protected person should not invite them over. Both parties can face criminal charges - the defendant for breaching the order and the protected person for encouraging the breach to occur.' - question: 'What are the specific penalties for breaching a Family Violence Order under Tasmania''s Family Violence Act 2004?' answer: 'Breaching a Family Violence Order in Tasmania is a criminal offence under the Family Violence Act 2004, which can result in fines and imprisonment. The exact penalties depend on the nature and severity of the breach, whether it''s a first or repeat offence, and other circumstances. Police can arrest you without a warrant if they suspect a breach has occurred, and you may be held in custody until appearing before court.' - question: 'How much does it cost to get legal advice about a Family Violence Order breach charge in Tasmania?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your Family Violence Order breach charges in Tasmania. During this consultation, a criminal lawyer will review your case details, explain the potential penalties you face, assess possible defences, and provide strategic advice. This upfront pricing helps you understand the legal costs involved and allows you to make informed decisions about your criminal law matter.' - question: 'How can a criminal lawyer help me defend against Family Violence Order breach charges in Tasmania?' answer: 'A criminal lawyer can examine the evidence against you, identify potential defences, and challenge whether a breach actually occurred under the Family Violence Act 2004. They can negotiate with prosecutors, prepare your case for court, assist with bail applications, and argue for reduced penalties. Lawyers can also advise on compliance strategies to prevent future breaches and represent you throughout the entire criminal law process in Tasmania courts.' - question: 'How quickly must I respond after being charged with breaching a Family Violence Order in Tasmania?' answer: 'You must respond immediately after being arrested for breaching a Family Violence Order in Tasmania, as you may be held in police custody until your court appearance. Time is critical for bail applications, which require showing you won''t affect the protected person''s safety. You should contact a criminal lawyer as soon as possible to prepare your defence, as court dates are typically scheduled quickly for these serious criminal charges.' ---