Breach Intervention Order – Frankston

This is a case study on a charge of Breach Intervention Order in Frankston arising from our client allegedly being within 200 metres of a property which is a violation of the order.

What is alleged to have occurred?

A Family Violence Intervention Order had previously been made by the Court against our client. It prohibited them from communicating in any way with their ex-partner and from being within 200 meters from their home address. On a particular day, the ex-partner’s adult child saw the client who was out for a run and noted that they were within the prohibited radius to the house. The witness then video-recorded the client and gave the recording to the police, resulting in our client being charged with breach of intervention order arising from being within 200 metres of the property.

Our client disputed the facts of the case and was primarily concerned about whether a conviction was going to be recorded against them. The client was a registered builder who held concerns over the impact that a conviction would have on their ability to work in the future.

Further, the client had also experienced some personal challenges in the preceding years which impacted their ability to work, and they had been in receipt of the disability support pension. The disability related to mental health issues as opposed to a physical disability and the client was engaged in trying to recover and re-enter the work force. Our client also had prior Court matters but the criminal charges proceeded without conviction and were quite dated. The client was anxious to preserve opportunities for the future.

What happened at court?

The case was heard at the Frankston Magistrates’ Court and Maya George acted on the client’s behalf on a charge of breach intervention order.

Some evidentiary issues were raised in the course of the hearing around whether the police could prove that the client was within the prohibited area and the impact that a confrontation with the witness had on the direction they travelled. In seeking a sentence indication from the Court, the lawyer made submissions to the Court regarding those circumstances, the client’s history and future prospects.

What was the result of the case of Breach Intervention Order in Frankston?

Ultimately, the Court was persuaded to deal with the matter by way of a $400 fine, with no conviction recorded.

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 12/02/2025