Breach Intervention Order – Charge Withdrawn

This is a case study on a Breach Intervention Order charge that got withdrawn.

What is alleged to have occured?
Our client was charged with breaching an intervention order by filming their ex-partner. This sort of allegation is taken very seriously by the courts, and particularly in this case given that our client has already been previously found guilty of breaching intervention orders in relation to that same ex partner. The impact of another finding of guilt against the client could be drastic.

What happened at court?
We acted on the client’s behalf at the Sunshine Magistrates’ Court.

After researching what constituted family violence and researching comparable cases, the case conference process was conducted. We were able to persuade the prosecution that their case could not be made out at law and that no breach had occurred.

What was the result?
The prosecution eventually agreed and withdrew the charge against the client. This was an excellent result. A Breach Intervention Order charge getting withdrawn is a rare outcome for cases involving family violence/intervention order breaches.

Elements of Breach Intervention Order:
  • A family violence intervention order has been made against the accused; and
  • The accused has been served with a copy of the order; or
  • An explanation of the order was given to the accused in accordance with section 57(1) or 96(1) of the Family Violence Protection Act 2008; and
  • The accused contravened the order.
Related case studies
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 01/03/2019