Intervention Order Case Studies
Breach Of Intervention Order
Court: Broadmeadows Magistrates' Court
Charges: 2 × Breach Family Violence Intervention Order (Family Violence Protection Act 2008), Contravention of Community Corrections Order (Sentencing Act 1991)
Charges: 2 × Breach Family Violence Intervention Order (Family Violence Protection Act 2008), Contravention of Community Corrections Order (Sentencing Act 1991)
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Case Overview
This case study involves a 35-year-old man who was represented in the Broadmeadows Magistrates' Court and charged with:
- Multiple breaches of a Family Violence Intervention Order (FVIO)
- Contravention of a Community Corrections Order (CCO)
- Multiple breaches of a Family Violence Intervention Order (FVIO)
- Contravention of a Community Corrections Order (CCO)
Police discovered a small indoor grow setup at his home. Although the cannabis was strictly for personal medicinal use, both offences carried the risk of serious penalties including a recorded conviction and potential imprisonment.
With an extensive prior criminal history and repeated breaches of court orders, he faced a high risk of imprisonment. Our specialist intervention order lawyers in Melbourne and experienced criminal lawyers in Melbourne fought to keep him out of jail and secure a sentence that allowed him to remain in the community while addressing his rehabilitation needs.
Background to the FVIO Breaches & CCO Contravention
Our client was already subject to an active Family Violence Intervention Order with strict conditions. He was also serving a Community Corrections Order at the time of the breaches. The allegations involved:
Breaching the FVIO conditions on two occasions
Failing to comply with requirements of the CCO
Given his lengthy criminal history and repeated offending, the prosecution argued for a penalty reflecting the seriousness of the breaches and his poor compliance record.
Our Legal Strategy – Defending Intervention Order Breach Charges
In preparing the plea, our criminal defence team:
Reviewed the exact circumstances of each breach to identify and present mitigating factors
Argued the importance of continued community-based rehabilitation rather than incarceration
Provided evidence of his engagement with support services and willingness to address underlying causes of offending
Made detailed sentencing submissions on the negative impact imprisonment would have on his rehabilitation and reintegration into the community
Our advocacy focused on persuading the court that a structured, rehabilitation-focused community order was the most appropriate sentencing option in the circumstances.
Outcome – Fine Without Conviction
The Sunshine Magistrates' Court accepted our submissions and:
- Imposed a $1,000 fine
- Ordered no conviction be recorded
This meant our client not only avoided a criminal record but also kept his job and and future employment prospects intact as well as preserved his ability to travel without restrictions.
- Imposed a $1,000 fine
- Ordered no conviction be recorded
This meant our client not only avoided a criminal record but also kept his job and and future employment prospects intact as well as preserved his ability to travel without restrictions.
Why This Case Matters – Avoiding Jail for FVIO & CCO Breaches
Breaches of Family Violence Intervention Orders and contraventions of CCOs are treated seriously in Victoria, particularly where there is a significant criminal history. This case shows that with the right intervention order lawyer in Melbourne:
Imprisonment is not inevitable, even for repeat offenders
Mitigation evidence and rehabilitation programs can be decisive in sentencing
Specialist legal advocacy can protect your freedom and future
Frequently Asked Questions – Criminal Damage, Assault & Licence Offences in Victoria
What is the penalty for breaching a Family Violence Intervention Order in Victoria?
Under the Family Violence Protection Act 2008, breaching an FVIO can carry up to 2 years’ imprisonment or significant fines. The penalty depends on the seriousness of the breach, criminal history, and mitigating factors.
What happens if I contravene a Community Corrections Order?
Contravening a CCO can result in the order being cancelled and replaced with a harsher sentence, including imprisonment. The court considers the extent of non-compliance and the reasons behind it.
Can I avoid jail for an FVIO breach if I have prior convictions?
Yes with strong legal representation, it is possible to secure community-based sentences even with a criminal history, particularly where rehabilitation evidence is presented..
Does medical use of cannabis help my case?
Absolutely. These offences are taken seriously by the courts, and an experienced intervention order lawyer in Melbourne can make the difference between prison and a community sentence.
How can Emma Turnbull Lawyers help with FVIO and CCO matters?
We are specialist intervention order and criminal defence lawyers who regularly represent clients in FVIO breach and CCO contravention cases. We focus on keeping clients out of custody, securing fair outcomes, and protecting their futures.
DISCLAIMER
This is a real case study from an actual matter in our files. We always change details in our case studies to protect client confidentiality, but the charge and the outcome are exactly as they occurred in court. We publish these case studies to give a genuine insight into the types of results we achieve and the range of sentences that may be imposed. Every case is different, and we can't guarantee the same result in your matter. We choose to share some cases because they are representative of typical results, and others because they stand out for exceptional outcomes.
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