Western Australian Current Acts Western Australian Current Acts (1) A person who is
bound by an FVRO and who breaches that order commits an offence.
Penalty for this subsection: a fine of $10 000 or
imprisonment for 2 years, or both.
(1A) A person who is
bound by a VRO and who breaches that order commits an offence.
Penalty for this subsection: a fine of $10 000 or
imprisonment for 2 years, or both.
(2) A person who is
bound by an MRO and who breaches that order commits an offence.
Penalty for this subsection: a fine of $1 000.
(2a) A person who is
bound by a police order and who breaches that order commits an offence.
Penalty for this subsection: a fine of $10 000 or
imprisonment for 2 years, or both.
(3) Proceedings for a
breach of a restraining order or a police order are to be brought —
(a) if
the alleged offender is a child, in the Children’s Court; or
(b)
otherwise, in the Magistrates Court.
(4) It is taken to be
an aggravating factor for the purposes of section 7(1) of the
Sentencing Act 1995 if, in committing an offence under this section, a child
with whom the offender is in a family relationship is exposed to family or
personal violence.
(5) For the avoidance
of doubt, subsection (4) does not affect the discretion of a court to decide
whether or not any factor is an aggravating factor for the purposes of any
offence.
(6) A prosecution for
an offence under subsection (1), (1A) or (2a) must be commenced within 2 years
after the day on which the offence is alleged to have been committed.
[Section 61 amended: No. 22 of 2000 s. 12; No. 50
of 2003 s. 90(2); No. 38 of 2004 s. 41; No. 59 of 2004 s. 124; No. 49 of 2016
s. 59; No. 13 of 2020 s. 40.]