Family Violence Intervention Order – Struck Out
This is a case of a Family Violence Intervention Order that was successfully struck out.
Our client had a Family Violence Intervention Order taken out against her by the police on behalf of her 16-year old child. She was incredibly distressed because the intervention order prohibited any contact or communication between her and her child, and she was very worried about her child’s welfare. She also disputed the allegations which formed the basis of the order, but felt that the police and the court didn’t listen to her when she tried to defend herself. For this reason, she sought our advice and representation.
We represented the client at the Broadmeadows Magistrates’ Court.
The application for a Family Violence Intervention Order (FVIO) was listed for mention. The magistrate expressed her concerns about the nature of the application, and the matter was stood down to allow enquiries to be made about whether the protected person would be willing to engage in counselling/mediation.
As with all intervention order matters, the key is in the preparation. We obtained a detailed chronology of the days and events leading up to the allegations and what had transpired since. We took statements from friends and family members who had spoken to the child, and learned that she was being pressured by other people to take out the intervention order against her parent.
We also assisted our client with a referral to a psychologist to ensure that she was receiving appropriate support through out this stressful process. We made an application to the court at the first mention of the matter, asking them to strike out the application for an intervention order on the basis that it:
- did not meet the requisite legal tests; and
- given the particular circumstances, this was not an appropriate matter for an intervention order to be made
Ultimately, our application was successful and the application for a Family Violence Intervention Order was struck out by the court. Our client was now free to pursue family mediation and other more appropriate avenues to resolve their differences.
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 18/01/2018