Intervention Orders are specific court orders sought by either an individual or by Victoria Police on behalf of an individual, when there is an allegation of violence. A Magistrate may impose either: A Personal Safety Intervention Order – ordered where there is no family relationship between you and the Applicant;[1] or A Family Violence Intervention Order […]
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News Archives
Extortion – Threat to Kill and Threat to Damage Property
‘Extortion’ is an offence involving a demand that is coupled with either a threat to destroy property or a threat to kill a person. There are 2 separate offences, depending on the specific threat made. In this article, we discuss each charge in detail, the possible penalties and defences to an Extortion charge. Extortion – […]
Fail to Stop at a Red Light
It is a minor traffic offence to fail to come to a complete stop at an intersection with a red light. A driver is prohibited from entering an intersection where a red light (or red arrow in the turning direction) is displayed.[1] A driver is required to stop before a stop line at a red […]
Obscene, Indecent or Threatening Public Behaviour
It is an offence to sing an obscene song, write or draw an obscene or indecent image, use profane, indecent, insulting or threatening language or behave in a riotous, offensive or insulting manner.[1] Examples of such behaviour can include creating graffiti depicting an indecent image, mooning oncoming traffic on a road and streaking across a […]
Trespass – “You shall not Pass!”
Trespass is one of the elements of burglary, but it can also constitute an offence in its own right. It is important to distinguish criminal trespass from civil trespass. Civil trespass is the unlawful intrusion on one’s property. Contrastingly, criminal trespass is known as ‘entering a place without authority or lawful excuse’.[1] For example, if […]
Hoon Driving Laws
Legislation introduced into the State of Victoria in 2011 provides the Police with additional powers to either seize, impound or immobilise a vehicle where the driver has committed one of the prescribed ‘hoon driving‘ offences.[1] Hoon driving is a general term used to describe road offences relating to drag racing, speeding or the creation of […]
Talking About Stalking – When Does Behaviour Constitute the Offence of ‘Stalking’?
Stalking is defined under legislation as a course of conduct with the intention of causing physical or mental harm to the victim (including self-harm) or of arousing apprehension or fear in the victim for his or her own safety, or for that of another person.[1] Elements of the Offence of Stalking The Police must establish […]
Driving Whilst Disqualified
There are important distinctions between driving whilst disqualified and driving whilst suspended. Disqualification involves the cancellation of your licence. A suspension of your licence means that you still hold a licence, but are not able to drive for a certain period of time (suspension period). Driving Whilst Disqualified It is an offence in Victoria to […]
Contempt of Court and Perjury
Contempt of Court Contempt of Court is openly challenging the Court’s authority by either interrupting the hearing of a matter through disruptive behaviour in Court or refusing a Summons to attend to Court.[1] For example, if you breach a court order, you could be charged with Contempt of Court.[2] To establish a Contempt of Court […]
LWA announcements for December 2018
It is with great pleasure that we announce Alexandra McLure as a “Senior Associate” and Ashlea Scroop as an “Associate” of our firm. Both Alexandra and Ashlea have proven to be very valuable employees at LWA and we congratulate them both on this wonderful achievement. We congratulate Heather Cooper for being recognized by the Law […]
