SUCCESS STORY

Victoria

Term of imprisonment avoided for repeat offender who contravened a family violence intervention order whilst incarcerated

Our client with significant priors for breaching family violence orders avoided imprisonment despite contravening an order while incarcerated, receiving only a $1,000 fine at Melbourne Magistrates’ Court. Through comprehensive preparation including Men’s Behaviour Change Program and mental health counselling, we demonstrated genuine rehabilitation to secure an exceptional result for a repeat offender.

  • Family Violence

Case Overview

Melbourne Magistrates Court 

Charge: Family Violence

Client: Male in their early fourties

Our solicitor Mr Elbob made an appearance on behalf of a male in his early forties at the Melbourne Magistrates Court for charges of contravening a family violence intervention order. The Accused had a number of significant priors before the Court, most notably for repeatedly contravening a family violence intervention order and he had spent repeated time in prison as a result of his prior offending. The Accused found himself before the Court after being released from prison after he had contacted his former partner whilst in prison and therefore breaching a family violence intervention order which prohibited him from contacting his former partner. The maximum penalties for the charges before the Court was a fine of $43,617.06 or a term of imprisonment of not more than 2 years.  

The accused accepted responsibility for his offending and instructed Mr Elbob to enter a plea of guilty to the charges before the Court.  

Prior to the matter coming before the Court, Mr Elbob of our office advised the Accused that he was a significant risk of being sentenced to a term of imprisonment as a result of repeat offending over a short period of time and stressed the need for significant material in preparation for the plea of guilty. Mr Elbob encouraged the Accused to participate in the Men’s Behaviour Change Program, to engage in counselling services to address his mental health related issues and to obtain reference material from close friends. 

When the matter proceeded before the Court, Mr Elbob highlighted to the Court the steps he had taken since his offending and utilised large amounts of evidence in support of his submissions that the client had made significant changes to his life, which would act as protective factors against re-offending. In response to the submissions made by Mr Elbob, the Court was agreeable to sentencing the accused to a financial penalty of $1,000.00.

This case illustrates the importance of quality representation and the value of a solicitor like Adam who cares of his client’s circumstances and will work hard to ensure their case is prepared and presented in a way that ensures the court gives full effect to every factor in a client’s favour.

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