This is a case study on an intervention order extension application in Broadmeadows involving our client as the respondent and their daughter-in-law as the protected person. The defence focussed on the client’s circumstances and how they affect the risk of family violence.
What are the circumstances of the case?
Our client was a respondent in a family violence intervention order whose applicant was the client’s daughter-in-law. When the application was first made, the client did not agree with the allegations made but decided to consent to the making of a final intervention order. They did not want to engage in a protracted court process and they were also motivated by wanting to preserve the relationship with their son who was still in a relationship with the applicant.
The court then made a final order which was put in place for 2 years. There had been a single breach of the intervention order during that period of time. But just before the order was due to expire, the protected person made an application for an extension of said order.
The applicant was required to set out the reason or justification for why they sought the extension. Note that they believed that the order being in place was effective in preventing breaches because they consented to the making of the order on a previous occasion. And yet they were not willing to do so again.
What happened at court?
Jon Ross represented the client who is the respondent to the intervention order extension application at the Broadmeadows Magistrates’ Court.
We took the time to understand the complex history between the client and the applicant. We knew that unless there is consent, granting an application for intervention order extension would require that the court be satisfied, on the balance of probabilities, that the respondent is likely to commit family violence if the order is not extended. The lawyer focussed the submissions to address this aspect.
The client had since moved interstate. Submissions were made about the issue which was taken with the original complaint, but importantly, the impact that the change in circumstances had on our client’s risk of committing family violence.
What was the result of the intervention order extension application in Broadmeadows?
The extenuating circumstances of the previous breach of intervention order were explained and we were ultimately successful in persuading the magistrate that an extension of the order was not justified. The protected person’s application for extension of the intervention order was refused.
Jon Ross
Jon is an experienced criminal defence lawyer who previously practised in one of London's largest criminal law firms for over 20 years. His cases are widely varied including large scale frauds, serious sexual offences, violent crime, and other high-pressure matters.Jon has supervised other legal professionals including for accreditation purposes. He believes in high quality representation characterised by meticulous preparation and a sympathetic, down-to-earth approach.
View Jon Ross' 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 13/02/2025
