Application for Full Family Violence Intervention Order Withdrawn

This is a case involving an application for full family violence intervention order resulting in the application being withdrawn.
The police made an application to vary a limited family violence intervention order against our client to a full intervention order. This means that our client would not have been allowed to have any contact or live with his wife and, as he was still in a relationship with the affected family member, he was contesting the order.
The matter was listed for a one-day contested hearing at the Frankston Magistrates’ Court. Hester Kelly acted on the client’s behalf on the charge of Contravene Family Violence IVO.

Prior to the contested hearing commencing, Ms Kelly negotiated with the prosecution. She 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.
The police lawyer considered Ms Kelly’s position and ultimately had the application for full family violence intervention order withdrawn.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This was an excellent example where having a thorough knowledge of the law resulted in the matter being withdrawn and the client getting the best outcome.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s profile.

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