SUCCESS STORY

Victoria

Ballarat Magistrates’ Court – No Conviction and No Jail Despite Repeat IVO Offending

EAS Legal successfully acquired no conviction and no jail for their 47-year-old male client despite repeat IVO offending. Although the client was already subject to CCO, had breached the order and had a recent history of imprisonment, EAS Legal addressed the client’s situation surrounding the allegations, the client’s personal situation and the steps taken towards rehabilitation.

Intervention Order | Family Violence
  • Family Violence
  • |
  • Interverntion Order

Case Overview

Charge: Breaching Family Violence Intervention Order

Client: 47 year old male client

Court Location: Ballarat Magistrates’ Court

At EAS Legal, we recently represented a 47-year-old male client before the Ballarat Magistrates’ Court who was facing multiple serious charges, including:

  • Stalking
  • Breaching a Family Violence Intervention Order (IVO)

The matter was particularly challenging as our client:

  • Was already subject to a Community Corrections Order (CCO) for similar offending
  • Had breached that order
  • Had a recent history of imprisonment, having been sentenced to custody for less serious offending when previously represented

Given these factors, the matter was clearly within the range where a further term of imprisonment would ordinarily be imposed.

Our Approach

Our office approached the matter with a clear focus on avoiding a return to custody.

We prepared detailed submissions addressing:

  • The circumstances surrounding the current allegations
  • The client’s personal situation and insight into his behaviour
  • The steps taken toward rehabilitation and behavioural change
  • Why a further term of imprisonment would not serve the interests of justice in this case

We emphasised that despite the client’s history, there remained a pathway forward that did not involve further incarceration.

The Outcome

Following our submissions, the Court ultimately imposed:

  • A non-custodial sentence
  • No conviction recorded

This was an exceptional result, particularly given:

The client’s recent history of imprisonment for less serious offending

  • The seriousness of the current charges
  • The breach of an existing Corrections Order

Why This Result Matters

Matters involving repeat IVO breaches and stalking offences, particularly where a client is already on an order and has a history of imprisonment, are treated very seriously by the courts.

Securing a non-custodial, non-conviction outcome in these circumstances highlights:

  • Strategic and tailored advocacy
  • Strong sentencing submissions
  • The importance of experienced legal representation

Facing IVO or Stalking Charges?

If you are facing Intervention Order breaches, stalking charges, or repeat offending matters, early legal advice can make a critical difference.

EAS Legal regularly represents clients in serious and complex matters across Victoria.

1800 117 533
www.easlegal.com.au

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