There are many penalties that can be imposed, regardless of whether you have been given an intervention order or convicted of violating it. For example, if you break the order while it is still in force, you may be ordered to pay a fine or you may be imprisoned. In some instances, you may also have to pay for the cost involved in putting the order into effect.
Violation of an intervention order can result in severe penalties
There may be different penalties depending on the nature of an offense. A five year sentence could be handed down for persistently violating an intervention order. The penalties for family violence offences are more severe.
If you are facing charges of violating an intervenory order, you should get legal advice as soon possible. You can prepare for the court appearance by learning as quickly as possible what your options are. Getting legal advice is essential, especially if you have a history of breaching Intervention Orders.
You might be able to claim a defence. For example, you might argue that you weren’t aware that you were in breach the Intervention Order. However, it is possible that you only realized this after you were arrested. If you didn’t intend to violate the Intervention Order, you may also be entitled to a defense.
In the case of a Family Violence Intervention Order, the maximum penalty is two years imprisonment. The penalty for a breach of a Protection Order is six months in prison. You can also be punished with a fine. Depending upon the type of offence, the penalty can be as high as five thousand dollars or as long at three years in jail.
If you are accused of a crime, you will need decide whether to plead guilty. It is also important to decide if you should have a lawyer present at the hearing. A lawyer is always a good idea. Your local Community Law Centre can provide free legal advice. You will need to prepare your bail application if you are scheduled to speak with a lawyer regarding a breach in an Intervention Order.
The law is designed to take the threat of family violence seriously. Even if you don’t violate an Intervention Order, you could still be charged under the Family Violence Protection Act.
A violation of an intervention order is usually a summary offense. This means that the prosecution must prove that the terms of the Intervention Order were breached. The most common breach sentence is a penalty.
Changes in the law since 1994
Having been in power for just over two decades, the National Party has seen its fair share of ups and downs, including the passing of the iconic South African constitution. A few years of relative stability has yielded some notable achievements, such as the flurry parliamentary wins and the nascent national lotto, as well as a few notable innovations in law. Most notable is the legalization in all forms of gambling, including the fabled Black Jack as well as the e-sports variant.
Despite the fact that South Africa is a country of a dozen states, it is still a centrally planned state. In fact, it has been so since its foundation in 1829. In order to ensure that all of its provinces have a say in the Runnings of the nation, the central government has a national council of provinces with a minimum of 350 members and a maximum of 400. This council is responsible to ensure that the aforementioned provincial governments operate in a fair, orderly, and representative manner in the national legislatures.
Police practice in investigating and prosecuting alleged breaches
You must be an officer in a law enforcement organization or a judge presiding over a case. In addition to reviewing the case you must also gather evidence and follow guidelines. Here are some key points to remember.
First, identify who is the primary perpetrator. If possible, you should attend the suspect’s address and inform them of the order. This will avoid a claim that the suspect was unaware of the order.
Second, you should investigate any counter-allegations. This could include asking for contact details from the victim. This may include arranging refuge accommodation, panic alerts, or any other measures to ensure that the victim is safe.
Third, consider the wider context. If the incident happened in a neighborhood, you might want to discuss the effects on other residents and look into follow-up options. You should also consider the views and opinions of the victim.
Fourth, you need to ensure that your arrest decision is consistent in accordance with local force policies. For example, if your jurisdiction has an officer-involved-death statute, you should not arrest the primary perpetrator. In some cases, however both parties may need to be arrested.
Fifth, you need to be aware of your department’s records-keeping requirements and evidentiary requirements. If you arrest the primary perpetrator, but not the victim of the crime, you will need to build a case so that the victim can testify against the defendant.
Your victim’s safety should always be your first priority. You may have to arrest the victim or arrange to keep them safe. However, it is important to gather as much evidence as you can before you do.
Finally, you should make sure that the victim is notified of the suspect’s release. If you have arrested the victim, it is important to inform the victim. This will help to defuse the situation and protect your victim in the future.
You can ask a specialist police officer if you have any questions.
The impact of giving evidence at an intervention order court hearing
During a court case, you might be asked to provide evidence in the witness boxes. This means that either you will need to lie or take an oath. It is a good idea for you to seek legal advice before you give evidence in court. This will help you to retain what was said, and to make sure your statement is as clear-cut as possible. You can also request an interpreter. You can also request a court familiarization tour.
It is important you remember that a magistrate can cancel the intervention order if a person does not attend the court hearing. They may also extend or make interim orders. They will also investigate whether you were served with court documents. If the respondent fails to comply with the conditions, you can still bring your application. You can also request that the magistrate set a new hearing date.