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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 125

Protected person not guilty as abettor

For the purposes of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 , a protected person is not involved in the commission of an offence against this Act, and is not punishable as a principal offender, because the protected person encourages, permits or authorises conduct by the respondent that contravenes the family violence intervention order or family violence safety notice.

Examples

1     Τhe protected person invites or allows the respondent to have access to the residence or another place in contravention of the family violence intervention order or family violence safety notice.

2     Τhe protected person allows the respondent to spend time with the protected person or a child of the respondent or protected person in contravention of the order or notice.

Note

If the protected person is dissatisfied with the terms of the family violence intervention order, the protected person or a police officer may apply under Division 8 to have the order varied or revoked .

Pt 4 Div. 11 (Heading and s. 125A) inserted by No. 83/2012 s. 11.

Division 11—Persistent contravention of notices and orders

S. 125A inserted by No. 83/2012 s. 11.



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