43Offence—contravention of family violence order

43 Offence—contravention of family violence order (1) This section applies to a person against whom a family violence order is made if the person— (a) was present when the family violence order was made; or (b) has been personally served in accordance with this Act with a copy of the family violence order. (2) The person commits an offence if the person engages in conduct that contravenes the family violence order (including a condition of the order). Maximum penalty: 500 penalty units, imprisonment for 5 years or both. Note In deciding the sentence to be imposed on a person under this section, the Magistrates Court must consider the matters under the Crimes (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations). (3) This section applies to conduct engaged in within the ACT as well as outside. (4) A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) if the person— (a) is a protected person under the family violence order; and (b) aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of conduct that contravenes the order (including a condition of the order).

Effect of family violence orders Division 3.7