SUCCESS STORY

Victoria

Family Violence Intervention Order – Full Withdrawal Secured at Sale Magistrates’ Court

Our client, representing the Affected Family Member in a Family Violence Intervention Order case, had the entire police application withdrawn at Sale Magistrates’ Court despite police opposition. Through comprehensive discussions with prosecution emphasizing our client’s clear wishes against the order and absence of ongoing risk, we secured complete withdrawal while respecting her autonomy and personal circumstances.

  • Family Violence
  • |
  • Interverntion Order

Case Overview

Sale Magistrates Court 

Charge: Family Violence

Client: Anonymous client

At Elbob & Stephenson Legal, we are often engaged to represent Respondents in Family Violence Intervention Order (FVIO) matters but in this case, we were engaged to represent the Affected Family Member (AFM).

Our client had been the subject of an application made by Victoria Police for a Family Violence Intervention Order, separating her from her partner. While police sought to have the order imposed and extended, our client instructed us that this was not what she wanted, and that the order did not reflect her wishes.

We appeared at the Sale Magistrates’ Court and immediately opened detailed and comprehensive discussions with the prosecution, outlining:

  • Our client’s clear position that she did not want the Intervention Order,
  • The practical impact such an order would have on her personal life, and
  • The absence of ongoing risk that would justify the order continuing.

Despite Victoria Police not being supportive of withdrawing the application, we prepared strong submissions and worked diligently to ensure our client’s voice was heard in the process.

Through our negotiations and advocacy, we were able to secure:

  • A full withdrawal of the Intervention Order application
  • No conditions imposed against our client’s wishes
  • Our client’s autonomy and personal circumstances fully respected

This was a significant result given that police often resist withdrawing FVIO applications, even when the Affected Family Member does not support them.

Family Violence Intervention Orders can have serious and lasting effects on family relationships, living arrangements, employment, and personal freedom. It is vital that both Respondents and Affected Family Members have access to experienced lawyers who will ensure their position is properly presented to the Court and that police applications are scrutinised where necessary.

Need Help with a Family Violence Intervention Order in Victoria?

At Elbob & Stephenson Legal, we represent both Respondents and Affected Family Members in FVIO matters across Victoria. Whether you are seeking to oppose, vary, revoke, or withdraw an order, our lawyers have the expertise to guide you through the process and achieve the best possible outcome.

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