Victorian Numbered Acts Victorian Numbered ActsAfter section 123 of the Family Violence Protection Act 2008 insert —
(1) In this section—
"mental harm" includes—
(a) psychological harm; and
(b) suicidal thoughts.
(2) A person against whom a family violence intervention order has been made and who—
(a) has been served with a copy of the order; or
(b) has had an explanation of the order given to him or her in accordance with section 57 or 96—
must not contravene the order intending to cause, or knowing that his or her conduct will probably cause—
(c) physical or mental harm to the protected person, including self-harm; or
(d) apprehension or fear in the protected person for his or her own safety or that of any other person.
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.
(3) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred.
(4) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.
(5) In a proceeding for an offence against subsection (2), it is a defence to the charge for the accused to prove that—
(a) the accused was the respondent under the family violence intervention order; and
(b) a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and
(c) the accused's conduct was not in contravention of the family violence safety notice.".