Criminal Defence Case Studies

Breach of Family Violence Intervention Order

Court: Heidelberg Magistrates' Court

Charges: Contravene Family Violence Intervention Order (Family Violence Protection Act 2008)
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Case Overview – Family Violence Lawyer Melbourne

This case study involves a 28-year-old man charged with breaching a Family Violence Intervention Order (FVIO). The FVIO prohibited all contact with the affected family members (AFMs) and included a full exclusion condition from their residence.

The breach occurred when our client entered the AFM's home and remained there until police arrived. He already had a significant criminal history and was serving a prison sentence at the time of this breach.

Case Background

Police attended the AFM's address, found our client inside the property, and placed him under arrest.

Because he was already in custody for other offences, the court had the discretion to order that any new sentence for the FVIO breach run either concurrently (at the same time) or cumulatively (added on) to his existing sentence.

Given his criminal record and the seriousness with which Victorian courts treat FVIO breaches, there was a high risk of additional prison time being added to his sentence.


Our Legal Strategy – Avoiding Additional Prison Time

As experienced criminal defence lawyers in Melbourne, we focused on:
 Arguing for a concurrent sentence to prevent any extension to his total time in custody
 Highlighting that the breach, while serious, occurred within the context of his existing imprisonment
 Avoiding any new conditions or penalties that could delay his release date
 Presenting submissions that placed the breach in perspective and addressed the court's concerns about deterrence and protection of the AFM

Outcome – No Additional Custodial Time

The Heidelberg Magistrates' Court:

- Convicted our client

- Imposed a prison sentence to be served concurrently with his existing term

This meant:

- No extension to his release date

- No cumulative sentence

- The matter was finalised without adding to his overall time in custody

Why This Case Matters

FVIO breaches often result in significant prison sentences, particularly for repeat offenders or those already serving time. This case demonstrates how targeted advocacy can minimise the impact of new charges, prevent unnecessary extensions to a prison term and achieve proportionate outcomes even in difficult sentencing environments.

Frequently Asked Questions - FVIO Breaches in Victoria 

Breaching an FVIO is a criminal offence and can result in prison, even for a first offence. Repeat breaches or breaches involving violence usually attract harsher penalties.

Yes. A skilled lawyer can argue for a concurrent sentence so it does not extend your release date, but the court must be persuaded it’s appropriate.

Yes. Even small amounts of methamphetamine are treated seriously in Victoria, but with the right drug lawyer in Melbourne, courts may impose diversion, fines, or community orders instead of prison.

Most FVIO breaches are heard in the Magistrates’ Court, but serious breaches involving indictable offences can be escalated to higher courts.

Will a breach of FVIO show up on my criminal record?

Yes. If convicted, the offence will appear on your criminal history and can impact employment, travel, and future legal matters.

In some cases, if the evidence is weak, the breach was accidental, or there are legal defences, a lawyer can negotiate withdrawal or downgrading of charges.

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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