Contesting a Charge of Contravene Family Violence IVO

GavelThis is a case study on contesting a charge of Contravene Family Violence IVO.

Our client had previously been found guilty of breaching intervention orders (IVO’s) in relation to his ex partner and had been sentenced to 8 months imprisonment. Whilst on appeal bail, his ex-partner alleged that our client drove past her street and yelled at her, breaching his intervention order again. The client was then charged with a new breach of an intervention order.

Jessica Clothier represented the client at the Sunshine Magistrates’ Court on the charge of Contravene Family Violence IVO.

Our client was adamant that he did not commit this new breach of an intervention order. We listened to him and fought the charge accordingly.

When the client’s matter reached the contest mention stage, he was offered a sentencing indication of one month time served. However, he continued to maintain his innocence and so we refused the sentencing indication on his behalf. When the matter reached the contested hearing stage, the prosecution withdrew his charge. They recognised that there were inconsistencies in the witness’ statements and no independent evidence to support the ex-partner’s story.

This was a fantastic result for our client, as he had always maintained that he never committed that breach. Despite being found guilty of breaches in the past, he always said that he didn’t want to plead guilty to something that he didn’t do. We listened to him and fought for him and didn’t advise him to plead up even though that sometimes seemed like the easier option.

This should always be an important consideration when choosing a lawyer who will represent you at court. When contesting a charge of Contravene Family Violence IVO or any other charge, you need to make sure that you have lawyers who are not afraid to fight for you.

Elements of Contravene Family Violence Intervention Order:

  • A family violence intervention order has been made.
  • The family violence intervention order has been served on the accused, or the accused has had an explanation of the order given to them by a person in accordance with sections 57 or 96 of the Family Violence Protection Act 2008.
  • The accused contravened the order.
  • The accused intentionally or recklessly committed the act that contravened the order.

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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.

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 19/02/2019