Case Study: Successful Diversion Following FVIO Breach
- Shaun Pascoe
- 5 days ago
- 2 min read
Table of Contents
Summary of Facts
Charge
Court - Ringwood Magistrates' Court
Our client and the complainant were former intimate partners at the time of the alleged offence. They had no children together but each had children from previous relationships.
Our client and the complainant had previously lived together. At the time of the incident, an intervention order was in place, which prevented our client from being within 5 meters of the complainant.
Our client also had his 5-year-old son from a previous relationship in his care at that time.
The offence occurred when the complainant came to our client's address to pick up her belongings and our client had put his young son to bed. The complainant did not notify our client beforehand that she would be coming. Police alleged that an argument started when the complainant arrived at our client's home, and that our client had violated the proximity condition of the order. The prosecution did not claim that any family violence took place; instead, the breach was solely based on violating the proximity condition.
Our client had no prior criminal record at the time of the offence. It was also relevant that the complainant had told our client she intended to revoke the order and had actually submitted an application to do so.
A court date for this application was set for approximately six weeks after the alleged breach. Before the court date, our client and the complainant reconciled and resumed their relationship, and the order was successfully revoked.
What Happened at Court
The criminal charges were filed and listed after the intervention order had been revoked by the court. Therefore, when the criminal matter came to court, the intervention order had already been resolved by the complainant's successful application to revoke it.
Considering the circumstances of the alleged breach and our client's lack of previous court appearances, a diversion application was prepared and submitted to the prosecution. To persuade the prosecution as to the merit of our diversion application, exceptional circumstances needed to be demonstrated. To that end, in our written submissions we highlighted the unusual nature of the alleged breach, that no family violence was claimed, and that the intervention order had since been revoked by the complainant, who was not in favor of the prosecution.
Court Outcome
Ultimately, the prosecution agreed to our diversion request, and submissions were made in court before the presiding magistrate in support of the diversion application. Our client was placed on a three-month diversion plan with conditions, including a requirement to maintain good behavior during this period.
