It is an offence under section 130 of the Family Violence Protection Act 2008 (Vic) to fail to attend counselling when ordered to by a court. A court may order that a person attend counselling to increase his/her accountability for the violence used against a family member and to encourage the person to change their behavior.
Example of Contravene Family Counselling Order
- Not attending a counselling session with an approved counsellor when ordered to by a court
Questions in cases like this
- Were you ordered to attend counselling?
- Did you in fact attend counselling?
- Is there a lawful reason why you could not attend counselling?
What are some of the possible defences to Contravene Family Counselling Order?
The following defences are available for this charge:
- Reasonable excuse
- Lack of intent
- Impossibility
- Factual error
- Insufficient evidence to prove the elements of the offence
Maximum penalty and court that deals with this charge
This offence carries a maximum fine of 10 penalty units (around $1,600).
What is the legal definition of Contravene Family Counselling Order?
This charge is legally defined as the contravention of a family counselling order under section 130 of the Act, without reasonable excuse, by a person who was subjected to such order.
Legislation
The offence of Contravene Family Counselling Order is governed by section 130 of the Family Violence Protection Act 2008.
Elements: When can a person be found guilty of this offence?
The accused, as the respondent, may be found guilty of this charge if:
- Under section 129 of the Family Violence Protection Act 2008, the Court is given a report that counselling is needed
- Respondent has been ordered to attend for family counselling under section 130, and
- Respondent without reasonable excuse contravenes the order
If you have been charged with Contravene Family Counselling Order, contact a lawyer and get your case evaluated immediately. Doogue + George Defence Lawyers defends cases related to family violence at any Victorian court. Call us.
You may also visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/contravene-family-counselling-order.
