SUCCESS STORY

Victoria

No Conviction for Serious Family Violence Assault – Werribee Magistrates’ Court

A 23-year-old faced serious assault charges from a family violence incident that caused significant injuries, but Elbob & Stephenson Legal successfully demonstrated his remorse and rehabilitation efforts through psychological assessments and anger management counseling. The Werribee Magistrates’ Court imposed a Community Corrections Order under section 10(1)(b), meaning the client avoided both jail time and a criminal conviction while continuing rehabilitation in the community.

  • Assault Charge
  • |
  • Family Violence

Case Overview

Werribee Magistrates Court 

Charge: Assault Charge

Client: 23-year-old

Our client, a 23-year-old male, appeared before the Werribee Magistrates’ Court charged with serious assault offences arising from a family violence incident. The allegations involved a physical altercation that resulted in significant injuries to the victim, including bruising and swelling requiring medical attention.

Given the seriousness of the injuries and the family violence context, the matter attracted strong attention from both the police and the court, with the real possibility of a custodial sentence and a recorded conviction.

Our client was deeply remorseful and had no intention of causing the harm alleged. He had never previously faced allegations of this nature in a family violence context. Immediately upon engagement, our team at Elbob & Stephenson Legal:

  • Obtained expert psychological material outlining our client’s mental health struggles and the personal circumstances that contributed to the incident
  • Provided extensive documentation showing genuine rehabilitation, including anger management counselling, voluntary psychological support, and a strong support network
  • Engaged in proactive case conferencing with the prosecution to reduce the charges to more appropriate alternatives reflecting our client’s early acceptance of wrongdoing

At the sentencing hearing, we submitted that our client had taken extraordinary rehabilitative steps and that a recorded conviction would jeopardise his employment prospects and long-term rehabilitation. We argued that the court could impose a sentence that both denounced the conduct and supported ongoing change—without sending a young man to jail or burdening him with a conviction at a critical point in his life.

The court agreed, ultimately imposing a Community Corrections Order under section 10(1)(b)—meaning our client:

  • Avoided jail time
  • Did not receive a criminal conviction
  • Was given the opportunity to continue his rehabilitation in the community

Facing serious family violence charges? Don’t face the court system alone. With the right strategy, even the most serious allegations can be resolved with an outcome that protects your future. At Elbob & Stephenson Legal, we advocate fearlessly for your second chance.

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