Criminal Defence Case Studies
Persistent Breach of Family Violence Intervention Order Dandenong
Court: Dandenong Magistrates' Court
Charges: Persistent Breach of Family Violence Intervention Order (Family Violence Protection Act 2008)
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Case Overview - Breach of FVIO Dandenong
This case study involves a professional man with no prior criminal history who faced allegations of persistent breaches of a Family Violence Intervention Order (FVIO).
The alleged breaches arose during the breakdown of his marriage, when it was claimed he assaulted his wife and later contacted her multiple times to reconcile conduct that directly contravened the no-contact conditions of the FVIO.
From the moment of police contact, our client took proactive steps towards rehabilitation, including engaging in counselling, completing anger management programs, and undertaking a parenting program.
Our Approach
Initially, the prosecution opposed diversion, and the magistrate indicated it would not be granted. However, through detailed submissions in open court, we persuaded the magistrate to change their position, ultimately securing a diversion and protecting our client from a criminal record.
Our legal strategy focused on:
Our legal strategy focused on:
Challenging the prosecution's opposition to diversion with strong legal arguments and supporting evidence
Highlighting the client's rehabilitation efforts, including program completion certificates and character references
Emphasising his previously clean criminal record and the fact that the breaches occurred in the context of emotional distress during a relationship breakdown
Addressing the court's initial reluctance by demonstrating low risk of reoffending and significant steps already taken to comply with court orders
The Outcome
- Diversion granted (no conviction recorded)
- No criminal record arising from this offence
- No criminal record arising from this offence
Why This Case Matters
Persistent FVIO breaches are treated extremely seriously in Victorian courts and often result in a conviction or even a prison sentence. Achieving diversion in such matters is rare, especially where the court has indicated an initial refusal.
This result demonstrates:
This result demonstrates:
The importance of strategic legal advocacy
How thorough preparation can change a judicial officer's mind
The value of focusing on rehabilitation and future risk reduction
Frequently Asked Questions – Driving Whilst Suspended & Giving False Name to Police in Victoria
What is a persistent breach of an FVIO?
It is where a person breaches an FVIO on three or more occasions within 28 days, making it a more serious offence under the Family Violence Protection Act.
Can you get diversion for a breach of FVIO?
It is rare, but possible in exceptional circumstances, usually for first-time offenders who demonstrate genuine rehabilitation and where strong submissions are made by an experienced lawyer.
What happens if the prosecution opposes diversion?
A skilled family violence lawyer in Melbourne can still persuade the magistrate to grant diversion, but it requires strong evidence of rehabilitation and compelling legal argument.
Is jail a likely penalty for persistent FVIO breaches?
For repeat offenders or where there is violence involved, prison is a realistic risk. Courts take breaches of protection orders extremely seriously.
Does diversion mean I won't have a criminal record?
Yes. If diversion is granted and completed successfully, no conviction is recorded, and the charge is struck out.
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.