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9. Offences
against the Living Family
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Article 73-Offences
against Family Protective Order
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| 73.1 |
Offences against family protective order(s) |
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Offences against a family protective order is when a man or woman contravenes the limitations and/or conditions of a court or law enforcement order in relation to other family members, related property and places of work and/or recreation. |
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Primary Fact(s) |
| 1. That a protective order was issued to the victim(s) limiting the contact and actions of the accused towards the victim(s); and |
| 2. That the actions of the accused contributed to the breach of one or more elements of the protective order; and |
| 3. That the actions of the accused were done with the intent to cause intimidation, minor or grievous injury. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) Breached by indirect electronic contact for the first time, without threat or intimidation;
b) Breached by accidental face to face meeting in public or commercial area, without threat or intimidation for the first time; |
4-6 |
a) Breached by indirect electronic contact for the second time, without threat or intimidation;
b) Breached by accidental face to face meeting in public or commercial area, without threat or intimidation for the second time; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) Breached by visitation to inside home of victim, or within 10 metres of their place of work, whether approved by victim or not; |
4-6 |
a) Breached by visitation to inside home of victim, or within 10 metres of their place of work, whether approved by victim or not more than two times; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) Breached with physical violence on the victim in either their home or place of work, including threats and intimidation; |
4-6 |
a) Breached with physical violence of the victim in either their home or place of work, including threats and intimidation in which children were also present. |
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