123AContravention of order intending to cause harm or fear for safety

123A Contravention of order intending to cause harm or fear for safety (1) In this section— ***mental harm*** includes— (a) psychological harm; and (b) suicidal thoughts. S. 123A(2) amended by No. 32/2024 s. 828(1)(b). (2) A person against whom a family violence intervention order has been made and who— (a) has been served with a copy of the order; or S. 123A(2)(b) amended by Nos 19/2017 s. 22, 33/2018 s. 25, 32/2024 s. 828(1)(a). (b) has had an explanation of the order given to the person in accordance with section 57(1), 60G(1) or 96(1)— must not contravene the order intending to cause, or knowing that the person's conduct will probably cause— (c) physical or mental harm to the protected person, including self-harm; or S. 123A(2)(d) amended by No. 32/2024 s. 828(1)(c). (d) apprehension or fear in the protected person for the protected person's own safety or that of any other person. 1. Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. Note to s. 123A(2) inserted by No. 32/2024 s. 828(2). It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**. (3) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred. (4) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria. (5) In a proceeding for an offence against subsection (2), it is a defence to the charge for the accused to prove that— (a) the accused was the respondent under the family violence intervention order; and (b) a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and (c) the accused's conduct was not in contravention of the family violence safety notice. S. 123A(6) inserted by No. 53/2016 s. 55. (6) In a proceeding for an offence against subsection (2) constituted by contravening a recognised DVO, it is a defence to the charge for the accused to prove that— (a) the accused was the respondent under the recognised DVO; and (b) a family violence safety notice in relation to the same protected person and respondent— (i) was issued after the recognised DVO was made; and (c) the accused's conduct complied with the family violence safety notice; and (d) the accused could not have complied with the recognised DVO at the same time.