Contravene Family Violence Intervention Order Whilst on Bail

Man ContemplatingThis 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.

Alex Turner 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, Alex utilised his 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 Alex was able to change tact whilst in court.

Alex’s ability to adapt to the dynamic nature of the courtroom 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.

 
Other related case studies:

 


Alex TurnerAlex Turner

Alex was admitted to practice in 2016 and has since been practising exclusively in criminal defence law. He is an experienced solicitor advocate who handles criminal cases at any Victorian court.

Alex ensures that his clients understand the law that applies to their circumstances. He helps them make sound decisions geared to achieving the best possible result in court.

Check out Alex's profile to know more about him.
 


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