14Offence of contravening apprehended violence order

14 Offence of contravening apprehended violence order

14 Offence of contravening apprehended violence order

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.

Maximum penalty—Imprisonment for 2 years or 50 penalty units, or both.

(1A) A person is guilty of an offence under this subsection if the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person with the intention of causing the protected person—

(a) physical or mental harm, or

(b) to fear for the protected person’s safety or the safety of another person.

Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.

(1B) For subsection (1A)—

(a) a person intends to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, if the person knows that the conduct is likely to cause the harm or fear, and

(b) the prosecution is not required to prove that the person actually caused the protected person physical or mental harm or the protected person to fear for the protected person’s safety or the safety of another person.

(1C) A person is guilty of an offence under this subsection if—

(a) the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person, and

(b) on at least 2 other occasions within a period of 28 days immediately before the contravention, the person knowingly contravened a prohibition or restriction specified in—

(i) an apprehended domestic violence order in relation to the same protected person, or

(ii) the same apprehended domestic violence order, whether or not in relation to the same protected person, or

(iii) an apprehended domestic violence order arising from the same application under Part 10, whether or not in relation to the same protected person, and

(c) a reasonable person would consider the conduct referred to in paragraphs (a) and (b) would be likely, in all the circumstances, to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, whether or not the harm or fear was in fact caused.