Contravene Family Violence Intervention Order Whilst on Bail

Contravene Family Violence Intervention Order Whilst on Bail

This is a case study on a charge of Contravene Family Violence Intervention Order whilst on bail.
Our client was charged with breaching an intervention order by attending at their family home. During the alleged offending, the client was also on bail for the same type of offence.
 

We represented the client at the Sunshine Magistrates’ Court on a charge of Contravene Family Violence Final Intervention Order.

Given the circumstances, the client was facing a very real risk of spending a period of time in custody. Note that the client was charged with breaching an intervention order whilst on bail for breaching an intervention order in the same way.

Since the breach was by attending at the family home, it meant that the client was rendered effectively homeless. Fortunately, we utilised our connections at court to arrange an urgent Court Integrated Services Program (CISP) assessment for the client which could assist with housing. This initially became problematic however we were able to change tact whilst in court.

We adapted to the dynamic nature of the courtroom and this enabled our client to be released from custody. The magistrate was persuaded to vary the intervention orders so that the client could return to the family home in accordance with the wishes of the client’s family.

Ultimately, a fine was imposed for the charge of Contravene Family Violence Intervention Order whilst on bail. This is an excellent outcome especially considering that the only other likely alternative in the circumstances was a period of custody.
 
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 respondent, or the respondent has had an explanation of the order given to them by a person in accordance with sections 57 or 96.
  • The respondent contravenes the order.
  • The respondent had the requisite state of mind.


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 01/11/2019