Page updated on: Friday April 23, 2010
Neil’s ex-wife has a Protection Order against him because Neil had beaten her up when he was drunk several times. He is therefore forbidden to contact her. One night he comes to her flat and tries to talk to her about getting back together. He has been drinking again.
She tells him to leave and when he doesn’t, she calls the Police. They come and arrest Neil. He spends the night in the cells after being charged with breaching the Protection Order.
Offence:
Contravention of a Protection Order – section 49 of the Domestic Violence Act 1995
It is an offence to do any act in contravention of a protection order without reasonable excuse.
Penalty:
There is a maximum penalty of 6 months imprisonment or a fine not exceeding $5000.
If Neil had breached the order twice in the last three years, he would be liable for up to 2 years imprisonment.
Likely sentence:
Neil faces imprisonment only if it is a serious breach. In this case he is likely to receive a fine of around $150 and court costs of $130. He will get a warning to stay away from his wife. With a very minor breach, it is possible to get a deferred sentence.
Special notes:
The only time that Neil can visit his ex-wife is when she invites him to or in an emergency. As soon as she wants him to leave, he must do so. The protection order does not prevent his wife contacting Neil and the non-contact provisions can be suspended at will by his ex-wife should she agree to a reconciliation. In that case they can live together but the non-violence conditions still apply.