At EAS Legal, we recently represented a 44-year-old male client before the Latrobe Valley Magistrates’ Court who was charged with serious family violence assault offences.
Family violence matters are treated with significant seriousness by the courts, and as a general rule, diversion is not ordinarily available in such cases. At the outset, the Prosecution refused to consent to diversion, reflecting current policy and the nature of the allegations.
This placed our client at risk of a criminal conviction, along with the long-term consequences that follow.
Our Approach
Our office undertook a strategic and proactive approach to the matter.
We prepared detailed submissions addressing:
We engaged in persistent and structured negotiations with the Prosecution, carefully addressing their concerns and demonstrating why this case fell outside the usual framework.
The Outcome
Following our representations, the Prosecution ultimately reconsidered their position and agreed to diversion.
The Court then granted:
This was an exceptional result, particularly given that diversion is generally not available for family violence-related offending.
Why This Result Matters
Securing diversion in a family violence assault matter is rare and requires:
This outcome allowed our client to avoid a criminal record and move forward without long-term consequences.
Facing Family Violence Charges?
If you are facing family violence or assault-related charges, early legal advice can significantly impact your outcome.
EAS Legal regularly represents clients in serious criminal matters across Victoria.
