Adjourned Undertaking for Contravene Family Violence Intervention Order

This is a case study on a sentence of adjourned undertaking for Contravene FVIO (family violence intervention order).

What is alleged to have occured?
Our client was charged with drink driving and Contravene Family Violence Intervention Order (2 offences on separate dates). The blood alcohol concentration was 4 times the legal limit and the breach of the Intervention Order was committed by consuming alcohol at a prohibited location, namely her home. She had no previous criminal or traffic offences.

What happened at court?
We represented the client at the Heidelberg Magistrates’ Court on the charge of Contravene Family Violence Intervention Order. For this case, we were able to successfully secure a sentence of good behaviour bond or adjourned undertaking for Contravene FVIO.

During earlier case conferences, certain facts which were disputed by our client were subsequently not alleged. These negotiations with the prosecution resulted in a less serious summary of facts than what had previously been the case. The client then entered a plea of guilty to a consolidation of 3 police briefs.

We obtained very impressive material from the client which had demonstrated the pro active steps she had taken towards her rehabilitation. The court was able to consider the criminality of the 2 breaches of Intervention Orders on the basis that they were not accompanied by allegations of violence or criminal damage.

What was the result?
Ultimately, the client received a fine ($800) and an adjourned undertaking for Contravene FVIO. The conditions of the adjourned undertaking were that the client be of good behaviour and that she continues to receive counselling for her alcohol dependence for a period of 12 months. Importantly, the magistrate was persuaded to impose both orders without conviction.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 15/05/2018