Breach Intervention Order – Financial Penalty

This is a case of Breach Intervention Order resulting in a financial penalty.

What is alleged to have occured?
Our client was a male in his mid 40s charged with persistently breaching a Family Violence Intervention Order. He and his ex-partner had been separated for some time but remained in contact for the purposes of child arrangements which were allowed by the intervention order that was in place. Our client became significantly frustrated when his ex-partner would not ‘meet him half way’ in terms of child arrangements and then subsequently learned from the children that she had a new partner.

He had been making efforts to try to rekindle the relationship for the children’s sake and he found this information extremely difficult to come to terms with. He sent his ex-partner 7 text messages over a period of days which were in no way related to child arrangements but rather in relation to her new relationship and in relation to some of her family members. The messages were of a demeaning nature and included what could be described as threats, although he was not charged with any offences such as Threats to Inflict Serious Injury or Threats to Kill. His ex-partner ultimately reported this to police.

What happened at court?
Dee Giannopoulos represented the client at the Frankston Magistrates’ Court on the charge of Breach Intervention Order.

Because of the nature of the charges, our client could’ve expected to receive a community corrections order as a penalty and this would have been within the appropriate range in terms of sentencing.

Our solicitor argued that for this case of Breach Intervention Order, a financial penalty would be appropriate in all of the circumstances. The basis for this submission was that he had 50% custody of his children, and the other 50% of the time he worked so that he had money to support the children and himself when he had them in his care. Our solicitor had also advised our client to begin anger management and men’s behavioural change courses prior to the matter reaching court.

What was the result?
At the time of the plea, the client had completed both courses which worked in his favour in terms of the ultimate penalty he received. The Magistrate eventually agreed that placing our client on a corrections order would jeopardise his financial stability and fined him instead. The Magistrate commended our client on the efforts he had made to rehabilitate himself prior to the plea date.

This is a huge win for our client. A charge of Breach Intervention Order resulting in a financial penalty would mean that he can continue to work and spend time with his children without the burden of a court order mandating his attendance at unpaid community work and other programs to address his offending behaviour.

Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

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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 15/11/2017