Application for Full Family Violence Intervention Order Withdrawn

This is a case involving an application for a full family violence intervention order that got withdrawn. It was heard at the Magistrates’ Court and we provided criminal defence for the accused.

What is alleged to have occured?
The police made an application to vary a limited family violence intervention order against our client to a full intervention order. This move will have serious consequences for our client, one of which is that he would not have been allowed to have any contact or live with his wife. This was especially challenging for him as he was still in a relationship with the affected family member. As such, he had no choice but to contest the order and one of the best outcomes would be for the family violence intervention order getting withdrawn.

What happened at court?
The matter was listed for a one-day contested hearing at the Frankston Magistrates’ Court. We acted on the client’s behalf on the charge of Contravene Family Violence IVO.

Prior to the contested hearing commencing, we conducted negotiations with the prosecution. We discussed the matter with the police lawyer and indicated that what the police were applying for had no basis in law and the legislation prevented them from obtaining the type of order that they wanted.

What was the result?
The police lawyer considered our position and ultimately had the application for full family violence intervention order withdrawn. This means that only a limited intervention order remains in place.

This was an excellent example where having a thorough knowledge of the law resulted in the family violence intervention order being withdrawn and the client getting the best outcome.
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 19/01/2018