Breach Intervention Order Whilst On Bail

Man ContemplatingThis is a case study on charges of Breach Intervention Order whilst on bail.

For some people, at least initially, intervention orders can be difficult to understand and accept. This may be particularly so when an order is served in the context of a marriage breakdown. This was the case for our client, who had struggled to come to terms with the fact that he was suddenly unable to contact or communicate with his wife of many years, or attend at what had been his family home.

Our client had breached his Intervention Order by attending the family home and attempting to contact his wife. He then breached a second time for similar offences, and remanded in custody until a successful bail application by our lawyer Alex Turner at the Sunshine Magistrates' Court. The charges were Breach Intervention Order and Commit Indictable Offence Whilst on Bail.

Ultimately our client pleaded guilty to the breaching offences. At his plea, our lawyer Tyson Manicolo made substantial submissions to the court, particularly in relation to our client’s difficulty coming to terms with the breakdown of his relationship with his wife and the conditions of the Intervention Order. The matter was adjourned and the sentence deferred with our client having been afforded the opportunity to participate in the Men’s Change Behaviour Program.

Upon the return of the sentence deferral, our client was able to demonstrate that he had substantially completed a Men’s Change Behaviour Program, and that he had come to understand the seriousness of complying with the conditions of an intervention order. He was ultimately sentenced without conviction to a good behaviour bond for the charges of Breach Intervention Order whilst on bail. The bond was imposed with a condition that he complete the Men’s Change Behaviour Program.

It was a good result for our client who with a clear explanation, time, and participation in an appropriate program, ultimately came to understand and accept his predicament and his offending behaviour.

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.

 
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Tyson ManicoloTyson Manicolo

Tyson is part of our Broadmeadows team and provides legal representation to clients facing charges in the Magistrates' and Children's Courts of Victoria. He is experienced at providing criminal defence against both summary and indictable crimes as well as in instructing Counsel. Tyson holds multiple degrees in Bachelor of Legal Studies, Bachelor of Law, and a Graduate Diploma of Legal Practice.

Admitted to practice in 2016, Tyson has a passion for advocacy and takes pride in helping people understand the law. He ensures that clients are given sound legal advice, a fair trial, and a strategic defence that will lead to the best possible outcome in court.

Know more about Tyson by visiting his profile here.
 


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 11/02/2019