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

Discussion in 'Criminal Law Forum' started by Tyson clark, 12 January 2016.

  1. Tyson clark

    Tyson clark Active Member

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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?
     
  2. AllForHer

    AllForHer Well-Known Member

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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.
     
  3. Tyson clark

    Tyson clark Active Member

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    I already have a lawyer, and he's always busy and I'm over it.
     
  4. AllForHer

    AllForHer Well-Known Member

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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?
     
  5. Tyson clark

    Tyson clark Active Member

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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.
     
  6. AllForHer

    AllForHer Well-Known Member

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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.
     
  7. Tyson clark

    Tyson clark Active Member

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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
     
  8. Emily Rambal

    Emily Rambal Active Member

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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.
     
  9. Tyson clark

    Tyson clark Active Member

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    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?
     
  10. Tyson clark

    Tyson clark Active Member

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    Ive been to court once for it but my lawyer was on leave so it was adjorned for mention
     

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