This is a case study involving a respondent to a Family Violence Intervention Order application that resulted in a withdrawal of the application.
What is alleged to have occured?
Our client was the respondent to a Family Violence Intervention Order application that was filed against him by his ex-partner. It involved several allegations that were deemed very serious. One of these is a claim that the client had threatened the complainant with the use of a knife.
What happened at court?
The matter was heard at the Melbourne Magistrates’ Court and we provided legal representation on the client’s behalf.
Often, when these applications appear at court, the police seek for the respondents in order to make them agree to an intervention order without making any admissions to the allegations. But when matters are complex (such as in this case), this can be viewed as an alternative to taking the case all the way to hearing.
However the allegations were such that our client did not want to agree to any order. The matter was then booked in for a directions hearing. We and the client were at court for most of the day waiting for the complainant to appear.
What was the result?
Ultimately, we learned during a police discussion that the complainant had moved overseas and had no intention to return to Australia. This means that our client would not anymore be a respondent to a Family Violence Intervention Order application. The police then withdrew the application and our client finally did not have an intervention order against him.
What is alleged to have occured?
Our client was the respondent to a Family Violence Intervention Order application that was filed against him by his ex-partner. It involved several allegations that were deemed very serious. One of these is a claim that the client had threatened the complainant with the use of a knife.
What happened at court?
The matter was heard at the Melbourne Magistrates’ Court and we provided legal representation on the client’s behalf.
Often, when these applications appear at court, the police seek for the respondents in order to make them agree to an intervention order without making any admissions to the allegations. But when matters are complex (such as in this case), this can be viewed as an alternative to taking the case all the way to hearing.
However the allegations were such that our client did not want to agree to any order. The matter was then booked in for a directions hearing. We and the client were at court for most of the day waiting for the complainant to appear.
What was the result?
Ultimately, we learned during a police discussion that the complainant had moved overseas and had no intention to return to Australia. This means that our client would not anymore be a respondent to a Family Violence Intervention Order application. The police then withdrew the application and our client finally did not have an intervention order against him.
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 21/02/2018
