FACTS:
Our firm was approached by a couple who required assistance withdrawing an Intervention Order put in place on the request of police, who had become involved after the parties had an argument in a public place. There was no history of family violence in the relationship, and the affected family member did not support the police application.
A Interim Order with limited conditions had already been put in place despite the affected family member’s objections, and the couple were concerned that this order might be finalised on the next occasion without her consent, as allowed by section 75 of the Family Violence Protection Act 2008 (Vic).
We arranged for the police to conduct a Family Violence Risk Assessment prior to the return date. During this risk assessment the police spoke with the affected family member and concluded that the risk of future violence was unlikely. This finding was then provided to the prosecution, who as a result agreed to withdraw the application on the next occasion.
When the matter returned to court, prosecution withdrew the application for a Family Violence Intervention Order, and the Interim Intervention Order previously put in place was struck out by the Magistrate.
This was very positive result for our clients, who remain living together in a stable relationship. Their goal of continuing their relationship free from the burden of any court orders was achieved.
With decades of experience in the area, we understand that reported incidents may not be as they first appear. We aim to get to the heart of the issue with a compassionate and reasoned approach, enabling our clients’ voices to be heard in the court process.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.
