Family Violence – Accused at Risk of Being Deported

This is a case study on family violence where accused is at risk of being deported.

What is alleged to have occured?
Our client was in custody following allegations of very serious family violence offences against their ex-partner. These offences were alleged to have been committed in breach of an intervention order which aggravated the seriousness.

What happened at court?
The case was heard at the Sunshine Magistrates’ Court and we represented the client during the contest mention stage of proceedings.

Overall, the charges were:

An indication on sentence was provided by the magistrate which would have seen our client, who was not an Australian citizen, immediately deported. We asked that the matter be adjourned for a few days in order to receive instructions on the indication and also to prepare submissions to assist our client with staying in Australia.

What was the result?
The matter returned and through a combination of very thorough preparation and persuasive advocacy skills, the magistrate was persuaded to move away from the original sentence indication and reduce the period of imprisonment by a number of months. This enabled our client to avoid mandatory deportation.

Considering the circumstances of the matter, this was a good outcome for a case of family violence where an accused becomes at risk of being deported.

Elements of Contravene Family Violence IVO:
  • 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.
Related case studies
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 22/10/2019