Diversion for Contravene Family Violence IVO

This is a case study on a sentence of diversion for Contravene Family Violence IVO.

What is alleged to have occured?
Our client was charged with instances of breaching an intervention order (IVO). The protected person was her ex-boyfriend. The circumstances were that on the same day that the IVO was served on her, she attended his sporting event he was playing at, followed him in her car after the game, and called him on his phone several times.

What happened at court?
Kristina Kothrakis represented the client at the Heidelberg Magistrates’ Court on the charge of Contravene Family Violence IVO.

The client was in her mid 30’s and had no prior convictions. She and her ex-boyfriend had a difficult break up and they both acted very poorly towards each other in the process. There had been an outstanding issue over money owed to our client, which necessitated continued contact between them. The ex-boyfriend applied for an IVO, but prior to it being served was continuing to speak with her.

Earlier in the day prior to being served with the paperwork, there had been a loose plan to speak about the money owed later that night. The IVO was later served on our client but she still followed through on the plan that had been made to speak. She instructed that she was a little unclear about the parameters of the IVO and that it was effective immediately. There were no breaches after that time.

Kristina made a submission to the police to recommend the client for diversion. The client’s job requires that she have a clean criminal history, and so the consequences of having a criminal record were severe. There had been a recent policy change at Victoria Police which prompts them to recommend diversion in family violence matters only if ‘exceptional circumstances’ exist. Kristina was successful in demonstrating that this was an exceptional case and they agreed to recommend her.

What was the result?
Kristina was also ultimately able to persuade the magistrate to impose a diversion for Contravene Family Violence IVO. This was made possible through the provision of strong character material and other excellent justifications showing that the client was an appropriate candidate.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
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 30/05/2018