Domestic Violence Act 1995

Enforcement of protection orders

49 Offence to breach protection order

(1)

Every person commits an offence who breaches a protection order by—

(a)

doing any act in contravention of the protection order; or

(b)

failing to comply with any condition of the protection order.

(2)

It is a defence in a prosecution for an offence under subsection (1) if the defendant proves that he or she had a reasonable excuse for breaching the protection order.

(3)

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.

(4)

To avoid doubt, a failure to comply with a direction made under section 51D is not a breach of a protection order under subsection (1)(b).

Section 49: replaced, on 28 October 2009, by section 7(1) of the Domestic Violence Amendment Act 2009 (2009 No 43).

Section 49(3): amended, on 25 September 2013, by section 11(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 49(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 49(4): amended, on 1 October 2014, by section 11(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).