VIC Family Law - How to Avoid a Criminal Conviction?

[ELM]

How to avoid a criminal conviction for Contravene Family Violence Order (domestic violence) under family law?

 

[AllForHer]

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.

 

[AllForHer]

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.

 

[Tim W]

How to avoid a criminal conviction for Contravene Family Violence Order (domestic violence restraining order) under family law?

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.

 

[AllForHer]

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.