Withdrawing Breach Intervention Order Charges

This is a case study on withdrawing Breach Intervention Order charges.
Our client had been charged twice in as many weeks with breaches of a Family Violence Intervention Order. The breaches involved two different complainants. One matter was listed at Sunshine and another at Broadmeadows. The breach offences involved being within 5 metres of an affected family member and being within 200 metres of an address.

Breach Intervention Order offences are serious offences and can result in an immediate custodial term.
Hester Kelly acted on the client’s behalf at the Broadmeadows Magistrates’ Court.

The matter was listed for a contest mention. Ms Kelly was able to get both sets of charges withdrawn which is an excellent result for the client. This was obtained through extensive work outside of court: following up with alibi witnesses, checking Google Maps for driving times between place of offence and the location of the client, and obtaining references to provide to the prosecution. These references demonstrated that in the first instance, the client could not have committed the offence as alleged. In the second instance, the prosecution could not prove that the client had breached the intervention order.
Ms Kelly had a discussion with the prosecutors and encouraged them to withdraw the charge. The prosecution ultimately agreed and the matter was formally withdrawn in court.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s 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 22/01/2018