Section 70NFE Family Law Act requires contravening persons to undergo a bond with the court as a penalty. Court orders are legally binding and parties are required to follow these orders. Breaching, or contravening these orders is a punishable offence under family law. Some examples of contravention may include contravention of parenting orders and financial orders.
This order still applies with or without other conditions. A bond allows releasing an offender into the community rather than imprisonment. The defendant must accept the conditions of the bond. Consequently, offenders sign a bond in an effort to comply with it.
Section 70NFE Family Law Act: The Crimes Sentencing Act and Family Law Offences
The Crimes (Sentencing Procedure) Act 1999 governs good behaviour bonds in New South Wales. A good behaviour bond is an order from a magistrate that requires a person to be in ‘good behaviour’ for a specified amount of time. There are also offences in this Act that can undoubtedly impact family relationships like domestic violence or child abuse.
Penalties for such offences include a sentence of full-time detention or a supervised order. Supervision orders provide for the post-sentence supervision of severe sex offenders and serious violent offenders. These offenders constitute an intolerable risk of committing a related offence if a supervision order is not issued.
Section 70NFE Family Law Act: Further Details Of A Good Behaviour Bond
Essentially, a good behaviour bond is a promise of good behaviour. The Crimes Sentencing Act urges offenders into a bond instead of imposing a sentence of imprisonment. Offenders may be ordered to enter into a bond for a period of up to 5 years. Here are the two types of good behaviour bonds in NSW:
- Section 9 Bond — If an offender is guilty of an offence, courts will use Section 9 good behaviour bond rather than imprisonment. This bond can last up to five years.
- Section 10 Bond – If the court finds an offender guilty, they may choose not to condemn the offender. Instead, they will condition the offender’s release on their compliance with a good behaviour bond. Violations at the conclusion of the bond’s specified time period results in offenders receiving a non-conviction of the offence. Section 10 good behaviour bonds can last up to two years.
A court imposing a good behaviour bond will depend upon particular circumstances. This includes the gravity of the offence and the court’s views on the likelihood of an offender committing another offence. A bond may be subject to a number of restrictions. A good behaviour bond requires an offender to appear in court if summoned at any point throughout the bond’s term.
A magistrate may impose additional conditions on a good behaviour bond that they deem appropriate. For example, they can ask an offender to submit to medical treatment, family counselling, or participation in a specific programme. Further, an offender can choose family mediation which involves parties related to the offence to come to an amicable agreement.
Breach Of A Good Behaviour Bond
In the event that an offender breaches this bond, the court may resentence the offender for the offence that they committed. To obtain a good behaviour bond a court will require offenders to convince them that they will not breach the bond.
Breaching a good behaviour bond will result in a warrant of arrest. Additionally, the court will revoke the good behaviour bond. Once a bond is revoked the original sentence of imprisonment starts immediately. The court can order imprisonment or serve an intensive correction order or home detention.
What If The Offender Is Guilty?
If an offender is guilty and convicted of a criminal offence, they will face penalties such as prison time and a monetary fine. An experienced family lawyer can effectively argue for the most favourable punishment for offenders.
The Crimes Sentencing Act states offences related to family law such as child abuse and family violence. As mentioned, offenders can still opt for mediation for making peaceful arrangements with the other party.