Criminal Defence Case Studies

Family Violence – Unlawful Assault on Daughter

Court: Melbourne Magistrates' Court

Charges: Unlawful Assault (Crimes Act 1958)
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Case Overview – Family Violence Lawyer Melbourne

Our client, a father with an extensive history of violent offending but no prior family violence convictions, had previously served multiple prison sentences.

Importantly, he had not appeared before a court for over five years before this matter, a period of stability and rehabilitation that was critical to the case.

The allegation was that during an argument about the clothes his daughter planned to wear to a party, he assaulted her, causing a black eye. Given the nature of the allegation (family violence involving a child) and his criminal history, a prison sentence was a significant risk.

Our Defence Approach

We built a sentencing strategy designed to keep our client out of custody, including:
 Securing a Sentencing Indication to explore non-custodial sentencing options before a formal plea
 Persuading the magistrate to view his five years offence-free as compelling evidence of rehabilitation
 Highlighting mitigating factors: stable family circumstances, the absence of any prior family violence history, and the isolated nature of the incident
 Framing imprisonment as counterproductive, with the better option being rehabilitation and structured community-based monitoring

The Outcome

- Community Corrections Order imposed

- No further imprisonment

- Client allowed to continue rehabilitation and reintegration into the community

Why This Case Matters

Family violence allegations involving a child are often met with immediate imprisonment in Victoria, especially when the accused has a criminal history.

This case shows that strategic use of a sentencing indication and targeted advocacy can shift a matter away from a custodial outcome, even when the charge and history suggest jail is likely.

Frequently Asked Questions – Parole Breach in Victoria

Yes, family violence assault charges often result in imprisonment, especially if the offence involves a child or there is a prior history of similar offending..

A process where the court indicates what sentence it would impose if you pleaded guilty, allowing you to make an informed decision about how to proceed.

Absolutely, demonstrating a history of stability and rehabilitation can be a powerful mitigating factor that reduces the likelihood of prison.

Yes, while less common for serious allegations, a CCO can be imposed where rehabilitation and community safety can be achieved without imprisonment.

Because these cases carry high reputational and legal consequences, and skilled advocacy can make the difference between prison and a community-based sentence.

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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