Respondent – Family Violence Intervention Order Application

Respondent – Family Violence Intervention Order Application

This is a case study involving a respondent to a Family Violence Intervention Order application that resulted in a withdrawal of the application.
Our client was the respondent to a Family Violence Intervention Order application made by his ex-partner. There were allegations which were very serious, including a claim that our client had threatened the complainant with a knife.
 

We acted on the client’s behalf at the Melbourne Magistrates’ Court.

Often when these applications appear at court, police seek for the respondents in order to make them agree to an intervention order without making any admissions to the allegations. When matters are complex (such as in this case), this can be an alternative to taking it 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.
 

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