Another course of action is to take out a complaint for a threatened breach of the peace. This action is made in a state Magistrates’ An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. under section 126A of the Magistrates’ Court A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1989 (Vic) (‘MC Act’).
In such cases a woman, for example, must show that she is genuinely afraid that she A document that sets out what a person wants to happen to their money and other property after they die. suffer bodily harm. Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. of previous assaults may be admissible in proving that her fears are well-founded. The complaint should give precise particulars of dates, places, and the nature of the incidents complained of, including the particular assault or threatening words and gestures that were used.
Given the broad definitions of ‘family violence’ and ‘family member’ under the Family Violence Protection Act 2008 (Vic) (and the availability of personal safety intervention orders under the Personal Safety Intervention Orders Act 2010 (Vic)), the binding over remedy is rarely used in family violence cases.
However, it may be the only remedy in cases of stalking or violence between neighbours,
co-tenants and acquaintances where a A court order made to protect a person from violence, intimidation or harassment by someone who is not a family member. See also intervention order; family violence intervention order. cannot be obtained.
Also, unlike intervention orders, this remedy is not very effective. Police cannot be applicants and they have no power of To seize a person suspected of breaking the law and hold them in custody. Police have powers to arrest and charge suspected offenders and bring them before a court.. If the application is successful, the A person who has committed a crime. may be required to enter into a (1) An undertaking by someone to do or not do something, especially a good behaviour bond, which can be part of a sentence given by a court. (2) A tenant’s payment of money to a landlord at the start of a tenancy. The bond is held in case there is any damage to the property or the tenant fails to pay rent. to keep the peace or to be of good behaviour. If not done, a certain amount of money may be forfeited. Under section 126A(4) of the MC Act, if the bond is not complied with, the court may order imprisonment for up to 12 months.