35Contravention of FVO or PFVO

### 35 Contravention of FVO or PFVO > > (1)  A person who contravenes an FVO, PFVO or interim FVO, as made, varied or extended, is guilty of an offence and is liable on summary conviction to – > > > > > > (a) in the case of a first offence, a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months; or > > > > > > > (b) in the case of a second offence, a fine not exceeding 30 penalty units or to imprisonment for a term not exceeding 18 months; or > > > > > > > (c) in the case of a third offence, a fine not exceeding 40 penalty units or to imprisonment for a term not exceeding 2 years; or > > > > > > > (d) in the case of a fourth or subsequent offence, to imprisonment for a term not exceeding 5 years. > > > (2)  For the purposes of this section, a previous offence means any contravention of an FVO, PFVO or interim FVO, regardless of whether the order was made for the protection of the same affected person. > > > (3)  In any proceedings for an offence under this section, an allegation in the complaint is evidence that – > > > > > > (a) an FVO, PFVO or interim FVO has been made against the person charged with the offence; and > > > > > > > (b) the order was in force at the time of the alleged contravention; and > > > > > > > (c) the requirement or condition alleged to have been contravened formed part of that FVO, PFVO or interim FVO. > > > (4)  For the purposes of this section, an FVO includes an external family violence order registered under [section 27](#GS27@EN) . > > > (5)  [*\[Section 35 Subsection (5) inserted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja12@GC2@EN) If a person who is fined under this section was a party to proceedings in which an order under [section 32](#GS32@EN) was made, the court imposing the fine must advise the Director, MPES of that order at the time of referring the order imposing the fine to the Director, MPES for collection.