Breaching an Intervention Order

December 21, 2022

The following case study is an example of the kind of Family Violence Intervention Order Contravention matters we deal with at Nardi Lawyers.

Our client was facing one charge of Contravene Family Violence Intervention Order.

Our client did not have any criminal priors.

The Complainant (also known as victim) was our client’s ex-wife.

At the time of the alleged offending, a full-conditions Interim Family Violence Intervention Order was in place between our client and the Complainant. Our client was the Respondent, with the Complainant being protected by the Order.

Being charged with Contravening an Intervention Order is an extremely serious charge. Family Violence charges are taken very seriously by the Court, particularly a breach of an Intervention Order.

Breaching an Intervention Order not only puts an individual who requires protection in danger but disregards an Order of the Court. These matters are taken very seriously by the Court and can result in significant penalties.

Our client allegedly contravened the Interim Family Violence Intervention Order by failing to give property to the Complainant within a certain time limit.

Family violence charges are some of the most difficult to successfully defend. After assessing all the evidence in the police brief, we commenced negotiations with the Prosecution, which resulted in the Prosecution offering Diversion.

Diversion actually diverts the accused person away from the normal court system and away from a finding of guilt. As such, if granted Diversion, a Diversion Plan is put and place, and once completed, the matter is effectively struck out and the accused will have no finding of guilt and no conviction.

It is extremely difficult to be found suitable for Diversion in Family Violence matters. If you have been charged with Family Violence offences, it is not realistic to assume that you will be suitable for Diversion, no matter how insignificant the charge may seem.

In Court, we tendered character references and gave submissions on our client’s behalf, with the focus being on their personal circumstances and the reason why the offence occurred. Our priority was for the Magistrate to deem our client suitable for Diversion.

Our client was subsequently found suitable for Diversion and was required to be of good behaviour for a period of 6 months.

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

Intervention Orders in Victoria

Sentences in the Magistrates Court of Victoria

What is Diversion