TAS First Breach of Family Violence Order - Will I Got to Jail?

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Tyson clark

Active Member
28 June 2015
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Hey, I've been charged with breaching a family violence order. Will I go to jail under Criminal Law? As it's a first breach and it was an inbox and I'm also awaiting trial for sex offences, do you know how long it could take to go to trial over it and getting it adjourned?
 

AllForHer

Well-Known Member
23 July 2014
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Could you go to jail? Sure. Will you go to jail? Unknown. I think you should speak to Legal Aid about getting representation.
 

AllForHer

Well-Known Member
23 July 2014
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I assume your prior offences in relation to drugs and assault are still standing? Have you been convicted of those offences?
 

Tyson clark

Active Member
28 June 2015
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Yes, I have prior convictions for common assault. I got fined for that, no drug charges. My only charge I have is a supreme court trial pending.
 

AllForHer

Well-Known Member
23 July 2014
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So, even though it's your first breach of an AVO, it's not your first offence, which increases the likelihood of being imprisoned if convicted. With the other pending charges, it would be a good idea to prepare for the possibility of jail time. I can't comment on how long until a trial date is set, though.
 

Tyson clark

Active Member
28 June 2015
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Yeah, but it was only broken by an inbox what I didn't even do. I got set up and I am in going to jail, I know, but I could be waiting till next year as my lawyer has too many trials at the moment
 

Emily Rambal

Active Member
15 January 2016
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Breaking the conditions of a family violence intervention order is very serious. If you are charged with breaking the conditions of an intervention order, you can be arrested by the police. So, you should get legal advice.

If you are charged, you will need to decide whether to plead guilty or not guilty. You should have a lawyer for the court hearing. Get legal advice well before the hearing date.
 

Tyson clark

Active Member
28 June 2015
10
0
31
I have a lawyer he's always busy and I'm pleading not guilty. I made admissions to police but I was drunk and on ice so they shouldn't have interviewed me. And there was no violence used, just facebook?