Family Violence Case Study

June 6, 2023

The following case study is an example of a real life Family Violence matter that we dealt with at Nardi Lawyers.

Our client was facing the following charges:

• Assault with Weapon; and
• Contravene Family Violence Intervention Order.

The Complainant (also known as victim) was our client’s partner, meaning that the matter falls under the category of “Family Violence”.

There was a Family Violence Intervention Order in place between our client and the Complainant at the time of the alleged offence.

Our client allegedly assaulted their partner with a weapon and contravened a Family Violence Intervention Order whilst doing so.

After assessing all the evidence in the police brief, we commenced negotiations with the Prosecution. We were seeking to have all the charges withdrawn, as there was insufficient evidence to prove the allegations.

The Prosecution did not agree with our position. Given that we were certain the charges could not be proven, we put the Prosecution on notice, and advised them that we will be seeking costs if the matter progresses and our client is successful.

In Court, we requested that the Magistrate reserve costs, which means that the Court was made aware of our intention to seek costs from the Prosecution in the event we were successful. The matter was then adjourned to a Contest Mention hearing, the next stage of criminal proceedings.

On the day prior to the Court hearing, the Prosecution advised us that they would be withdrawing the charges.

In Court, the Magistrate awarded our client costs, which means that Victoria Police compensated our client for the entirety of their legal fees. This was the best outcome possible for our client, however they should not have been put in this position in the first place.

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