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VIC Family Law - How to Avoid a Criminal Conviction?

Discussion in 'Family Law Forum' started by ELM, 15 July 2015.

  1. ELM

    ELM Member

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  2. AllForHer

    AllForHer Well-Known Member

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    Family law is a civil action, not criminal, so criminal convictions are not a common outcome in the family court, but the federal court can order jail time if the contraventions are deemed serious enough and repetitive.
     
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  3. AllForHer

    AllForHer Well-Known Member

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    The only grounds for contravening the orders is if you had reasonable grounds for doing so, but as I said, there are several remedies the court would be more inclined to take over arrest and jail time unless the contravention is very serious and has demonstrated a pattern of intentional and repetitive contraventions against court orders.
     
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  4. Tim W

    Tim W Lawyer
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    1. Comply with the order in the first place.

    2. I agree with @AllForHer - gaol is the last choice the court will make,
      unless you have something of a history, and numerous prior convictions; or
      unless the act involved in the breach is serious enough that you are looking at gaol for that
      (such as if a person kidnaps, assaults, or kills a PINOP).

    3. Comply with the order in the first place.

    4. The offence is not "under family law" - it's plain and ordinary crime.
     
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  5. AllForHer

    AllForHer Well-Known Member

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    Wait, the original post has been amended, so my original responses are not relevant.

    If you contravene a restraining order of any description, it is a crime. You will need to speak to a solicitor for legal advice about your situation to determine whether you have grounds for a defence.
     
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