If you have been charged with breaching offences, we can help you.  You might be charged with a breach of a community corrections order or a breach of an intervention order. These are offences that are about not following the order of a Court.

It is important that you seek legal advice as soon as possible to help determine if you are pleading guilty or not guilty to the breaching charges. If you are pleading guilty to the breach charge we will put the breach in context and explain what happened to the court.

What were the circumstances that led to the breach?
Often your circumstances can lead to breaking a court order. This could be because of a change in personal, health or employment conditions.

What positive changes have you made since the order?
It is very important to show the court although you failed to comply with the order, you have positive taken steps to fix your behaviour. This positive material could counselling, rehabilitation or attempts to engage in employment or community activities.

In WA, Breach of a FVRO is found in section 61 (1) of the Restraining Order Act 1997. It is a criminal offence committed by a person who fails to comply with the terms of a Family Violence Restraining Order (FVRO) previously imposed against them.

Have you been accused of Breach of an FVRO?

If you have, you must speak to an experienced breaching lawyer before you speak with the police. Allegations of breaches of intervention orders are taken seriously by the police and courts and depending on the surrounding circumstances, can lead to the police making an application to have you remanded. The police normally act swiftly with these sorts of allegations. In some circumstances, it is worth preparing for a bail application.

Police Interview

If a protected person listed on an FVRO makes a complaint to the police that you breached the conditions of the order, the police will contact you to interview you about the allegations. What you say in the interview could impact how your matter proceeds. The police may not have anything to prove the allegation, so it is important you do not say anything that can fill the gaps in their investigation.

Whilst a FVRO is a civil order, breaching an FVRO is a criminal charge. You should contact us as we are experienced criminal lawyers in defending breaching charges before the police interview.

Pleading Not Guilty

Some breaches of FVRO are easy to prove (for example sending a text message when communication is not allowed). Some come down to word on word. If you wish to contest a charge of breach of intervention order, it is important that you understand your options. We appreciate the existing tension and stress in the context of FVROs between people and are experienced in defending these allegations.

We will look at the brief of evidence and request any outstanding disclosure material so you know the strength of the case against you. We consider important factors such as:

How do the police allege the breach happened?

What evidence do the police have to support the allegations?

Is there any evidence that needs to be preserved?

Are there any witnesses whom police have not spoken to who may shed light on the allegations?

Was the FVRO served properly

Pleading Guilty

We appreciate that it can be difficult to comply with an FVRO and people commonly breach them.
Perhaps the protected person encouraged contact?
Maybe you misunderstood the terms of the FVRO?

We know that there is context which needs to be carefully explained to the court. We can identify why you breached the conditions and put it into context for the court to understand.

If you have been charged with breaching a FVRO, you need clear advice on the best possible outcome and how to be prepared for your plea hearing to achieve the best possible result. Our lawyers may suggest you to complete relevant programs such as the Choose Change Program, assist you in gathering character references, or direct you to attend specific counselling.

BAIL OFFENCES

Have you been charged with bail offences?
We can help you.

We are criminal lawyers who can help you if you have been charged with bail offences.

Find out information about defending bail charges and penalties if you are pleading guilty to failing to answer bail or other bail offences.

It is important that you seek legal advice as soon as possible. We can help you present your side of the story. Some common issues are;

Why didn’t you turn up?
Often there is a reasonable explanation for your failure to answer bail. You might have got the date wrong or the Court has made a mistake.

What have you done since?
It is very important to get in contact with the Police as soon as possible after missing bail date. This will show that you have attempted to correct the situation.  

Failure to comply with bail undertaking. Bail Act 1982 ( WA) creates offences for Failure to attend court, Failure to appear as soon as practicable, and Breach of protective bail condition. In such cases, the Court may order forfeiture.

The court may decline to make an order or may order forfeiture in part only where the offender shows that as a result of a change in circumstances since the undertaking was made, excessive hardship would be caused to the offender or their dependants that could not be relieved by the exercise of the powers in s59 of the Bail Act.

Forfeiture of surety – may be forfeited where an offence under s51(1) or s51(2) of the Bail Act has been committed.

Are you accused of Failing to Answer Bail? Speak with one of the experienced lawyers who can assist you with arranging to have the arrest warrant issued and for you to be bailed to a new Court date. It may be that you had a good reason for missing Court and this can be discussed with the Police.

We can also help you re-apply for bail and:

Discuss organising a surety,

Gather material to show the Court you are working while on bail,

Organise witnesses to attend Court.

Police interview

Before attending the Police station to be interviewed for Failing to Answer Bail, you should receive legal advice. It is always best to arrange a time with the Police for you to attend the station to execute the warrant. This will demonstrate to the Police that you are not intentionally avoiding Court.

You may want to know if the Police will remand you, which is why it is important to speak with one of our lawyers first.

Our lawyers can also be ready on-call to conduct a bail application on your behalf if the Police refuse to re-bail you to a new Court date.

Pleading guilty

If you are pleading guilty to a charge of Failing to Answer Bail, we can assist you with what to tell the Court on your behalf. A lot of the time, people have a genuine reason for Failing to Answer Bail. The Court must hear why it is that you missed Court.

BREACH OF COURT ORDER

Have you been charged with Breach of Conditional Release Order ( CRO), Community Based Order ( CBO), Intensive Supervision Order ( ISO) – by re-offending

A person who breaches a CRO, CBO or ISO by committing an imprisonable offence, may be dealt with summarily for the breach at the same time as they are dealt with for the new offence, while a person committing a non-imprisonable offence must be dealt with by written notice within a year of the order ceasing to be in force.

Sentencing Act 1995 ( WA)  contains the prerequisites for breach action to be taken. The options for a Magistrates Court dealing with such a breach, vary according to whether the order was imposed by the Magistrates Court, summarily by the Children’s Court, or by a superior court. The options also vary according to whether the order is still in force at the time the breach is dealt with.

Pleading Not Guilty

If you have been charged with Breaching a Court Order, you may contest this allegation if you disagree with it. Normally, Corrections will charge people with Breaching their Corrections Order because of non-compliance with the conditions of the order such as failing to attend supervision or unpaid community or because of further offending.

Contact us if you have been charged with Breaching a Court Order and we can offer you some legal advice.

Pleading Guilty

Depending on the severity of the breaches and your previous compliance with the Orders, you may be at risk of a term of imprisonment for a further breach. You should contact  us to speak with an experienced defence lawyer who can advise you of the things you should prioritise doing before the Court to try to avoid a custodial sentence. We appear regularly in Court and know how to make persuasive submissions. Our lawyers can also give you realistic advice about the penalty you are facing.