13CLimited liability of affected person for instigating, &c., breach of protection order

### 13C Limited liability of affected person for instigating, &c., breach of protection order > [*\[Section 13C Inserted by No. 50 of 2017, s. 5, Applied:12 Dec 2017\]*](/view/html/inforce/2017-12-12/act-2017-050#GS5@EN) > > > (1)  Despite [section 73 of the](/view/html/inforce/2026-04-12/act-1959-077#GS73@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , an affected person named in an external family violence order, an interim FVO, an FVO, a PFVO or a DVO who – > > > > > > (a) does any act or makes any omission for the purpose of enabling or aiding a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or > > > > > > > (b) abets a prescribed person in committing a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO; or > > > > > > > (c) instigates a prescribed person to commit a relevant family violence offence in relation to that external family violence order, interim FVO, FVO, PFVO or DVO – > > > > may only be taken to be guilty, found guilty or convicted, in accordance with that section, of that relevant family violence offence if the affected person knew, or ought to have known, that his or her conduct in so enabling, aiding, abetting or instigating the commission of that relevant family violence offence by the prescribed person could reasonably be expected to place an affected child named in the order in a position of risk. > > > (2)  In this section – > > > > > ***DVO*** has the same meaning as in the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) ; > > > > > ***position of risk*** means a position where – > > > > > > > > (a) the affected child named in the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) might witness family violence; or > > > > > > > > > (b) the safety, psychological wellbeing or interests of such an affected child might be affected by family violence; > > > > > ***prescribed person*** means the person against whom the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) is made; > > > > > ***relevant family violence offence*** means an offence consisting of the contravention of the external family violence order, interim FVO, FVO, PFVO or DVO referred to in [subsection (1)](#GS13C@Gs1@EN) .