Criminal Defence Case Studies
Assault, Persistent Breach of IVO & Drug Possession
Court: Broadmeadows Magistrates' Court
Charges: Assault (Crimes Act 1958), Breach Family Violence Intervention Order (Family Violence Protection Act 2008), Persistent Breach Family Violence Intervention Order (Family Violence Protection Act 2008), State False Name (Summary Offences Act 1966), Possess Drug of Dependence (Drugs, Poisons and Controlled Substances Act 1981), Breach Community Corrections Order (Sentencing Act 1991)
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Case Overview – Breach of FVIO Melbourne
In this case study we represented a middle-aged professional man facing serious family violence allegations while already serving a Community Corrections Order (CCO) for similar conduct.
The charges arose after he was accused of assaulting his former partner, leading to the making of an Intervention Order (IVO) against him. Despite the order, he was alleged to have continued engaging in controlling and abusive behaviour, resulting in multiple breaches, including persistent breach charges, one of the most serious FVIO offences.
Given his criminal history for similar matters and the fact he was already on a CCO at the time, the case carried a high risk of immediate imprisonment.
Our Defence Strategy
As experienced criminal defence lawyers in Melbourne, our strategy focused on:
Negotiating a deferred sentence for six months to give our client an opportunity to complete intensive rehabilitation before final sentencing
Securing CISP-supported bail to provide structured supervision, drug and alcohol counselling, and family violence intervention programs
Presenting documented evidence of rehabilitation, including program completion certificates and reports from treatment providers
Addressing the court's concerns about risk to the community by demonstrating behavioural change and strict compliance with court orders during the deferral period
The Outcome
- Assessed for and sentenced to a further Community Corrections Order
- Avoided immediate imprisonment despite a high-risk profile and repeat offending
- Allowed to return home the same day and continue treatment in the community
Why This Case Matters
Persistent breaches of FVIOs are taken extremely seriously by Victorian courts, particularly where there is a history of similar offending and existing court orders. Prison is often considered the default outcome.
This case shows that with strategic early intervention, rehabilitation evidence, and persuasive advocacy, even high-risk offenders can avoid jail and remain in the community under strict supervision.
What is a persistent breach of an FVIO?
What is the penalty for dangerous driving whilst pursued by police?
It is when a person breaches an FVIO on three or more occasions within 28 days, making it a more serious criminal offence.
Can you avoid prison for a persistent breach of FVIO?
Yes, while prison is common, a skilled criminal defence lawyer can secure community-based orders if strong rehabilitation evidence is presented.
Does being on a CCO make sentencing worse?
Yes, breaching an FVIO while already serving a CCO is treated as an aggravating factor and increases the likelihood of imprisonment.
What is CISP-supported bail?
It’s a court-supervised bail program providing drug and alcohol treatment, mental health support, and family violence intervention programs to help reduce reoffending.
Why hire a specialist family violence lawyer in Melbourne?
FVIO matters are legally complex and carry serious consequences including prison. An experienced lawyer can negotiate reduced charges, secure non-custodial outcomes, and protect your record.
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.