This is a case resulting in a good behaviour bond for Breach Intervention Order.
Our client was charged with breaching an Intervention Order (IVO). In 2011, his ex-wife took out an IVO which was to last until 2019, and included his two children on the order.
What is alleged to have occured?
The client was charged in relation to conversations he was having with his 12-year old son on Facebook messenger. Although the conversation started off nicely, it quickly descended into unpleasant nature. It was alleged that the conversation became insulting, abusive, and included that he wished the son was never born, was a waste of air, and that he wished the son would get hurt.
The police took a very long time to initiate charges against the client. We attended at court and pleaded guilty to the charge.
What happened at court?
Kristina Kothrakis acted on the client’s behalf at the Frankston Magistrates’ Court. The charge was Breach Family Violence Intervention Order (FVIO).
Breaches of IVO are taken very seriously by the court. There has been a great deal of publicity surrounding breaches of IVO and the way in which people are sentenced. In this case, our client had 9 prior convictions for breaching IVO’s, and had previously served a period of imprisonment for this offence. Those breaches however were in relation to his ex-partner rather than the children.
In Kristina’s submissions to the magistrate, she was able to place the offending into a context which explained why the client communicated with his son in that manner. The magistrate came to understand the mental state of the client at the time he committed the offending and was ultimately satisfied that a term of imprisonment in this instance was not warranted. Character references were submitted – which spoke highly of our client as a hard working and loyal man. He had formed a new relationship and was otherwise in a good place in life.
What was the result?
The client was ultimately sentenced to a good behaviour bond the Breach Intervention Order charge.
Our client was charged with breaching an Intervention Order (IVO). In 2011, his ex-wife took out an IVO which was to last until 2019, and included his two children on the order.
What is alleged to have occured?
The client was charged in relation to conversations he was having with his 12-year old son on Facebook messenger. Although the conversation started off nicely, it quickly descended into unpleasant nature. It was alleged that the conversation became insulting, abusive, and included that he wished the son was never born, was a waste of air, and that he wished the son would get hurt.
The police took a very long time to initiate charges against the client. We attended at court and pleaded guilty to the charge.
What happened at court?
Kristina Kothrakis acted on the client’s behalf at the Frankston Magistrates’ Court. The charge was Breach Family Violence Intervention Order (FVIO).
Breaches of IVO are taken very seriously by the court. There has been a great deal of publicity surrounding breaches of IVO and the way in which people are sentenced. In this case, our client had 9 prior convictions for breaching IVO’s, and had previously served a period of imprisonment for this offence. Those breaches however were in relation to his ex-partner rather than the children.
In Kristina’s submissions to the magistrate, she was able to place the offending into a context which explained why the client communicated with his son in that manner. The magistrate came to understand the mental state of the client at the time he committed the offending and was ultimately satisfied that a term of imprisonment in this instance was not warranted. Character references were submitted – which spoke highly of our client as a hard working and loyal man. He had formed a new relationship and was otherwise in a good place in life.
What was the result?
The client was ultimately sentenced to a good behaviour bond the Breach Intervention Order charge.
Kristina 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 20/12/2017
