SUCCESS STORY

Victoria

Heidelberg Magistrates’ Court – Police-Initiated Family Violence Intervention Order Withdrawn

EAS Legal represented the Affected Family Member in a police-initiated Family Violence Intervention Order application at the Heidelberg Magistrates’ Court. Our client did not support the order, but because police applications can proceed regardless of the AFM’s wishes, the matter required careful preparation and strong advocacy. We prepared comprehensive supporting material and negotiated extensively with the prosecution, setting out our client’s position, the surrounding circumstances, and why the order was no longer necessary or proportionate. The entire application was withdrawn, with no final Intervention Order made and no contested hearing required.

Police Initiated Intervention Order - EAS Legal
  • Family Violence
  • |
  • Interverntion Order

Case Overview

Heidelberg Magistrates Court 

Charge: Dangerous Driving and Speeding

Client: Anonymous Client

At EAS Legal, we recently represented a client before the Heidelberg Magistrates’ Court who was the Affected Family Member (AFM) in a police-initiated Family Violence Intervention Order (FVIO).

Although the application had been brought by Victoria Police, our client was not supportive of the Intervention Order and did not believe that ongoing court proceedings were necessary.

As is often the case with police applications, the wishes of the Affected Family Member alone are not determinative, meaning the matter required careful preparation and strong advocacy to persuade the prosecution and the Court that the proceedings should not continue.

Our Approach

From the outset, our office undertook a detailed review of the circumstances surrounding the application and worked closely with our client to understand their position.

We prepared comprehensive supporting material and engaged in extensive discussions with the prosecution, addressing:

  • Our client’s wishes regarding the continuation of the proceedings;
  • The surrounding circumstances of the relationship;
  • Why the ongoing Intervention Order was no longer necessary or proportionate; and
  • Why it was appropriate for the proceedings to be discontinued.

Our focus was on presenting a well-prepared and evidence-based case that the continuation of the Intervention Order was not in the interests of justice.

The Outcome

Following our advocacy and negotiations:

  • The entire Family Violence Intervention Order application was withdrawn
  • No final Intervention Order was made
  • The matter was resolved without the need for a contested hearing

This was an outstanding outcome for our client, allowing the proceedings to conclude without the ongoing restrictions and consequences of a final Intervention Order.

Why This Result Matters

Police-initiated Family Violence Intervention Orders can be particularly difficult to resolve because the prosecution may continue the application even where the Affected Family Member no longer supports it.

This case demonstrates the importance of:

  • Thorough preparation of supporting material;
  • Strategic negotiations with Victoria Police;
  • Clearly articulating the client’s position; and
  • Experienced advocacy in achieving practical, resolution-focused outcomes.

At EAS Legal, we understand that every family violence matter is unique. Our role is to ensure that our clients’ voices are heard and that the Court has all relevant information before making a decision.

Need Assistance With a Family Violence Intervention Order?

Whether you are the Affected Family Member, Applicant, or Respondent, obtaining experienced legal advice can make a significant difference to the outcome of your matter.

EAS Legal regularly represents clients in complex Family Violence Intervention Order proceedings throughout Victoria.

1800 117 533
www.easlegal.com.au

EAS Legal – Strategic Intervention Order Lawyers. Proven Results.

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