Case study:
Negotiation of Family Violence Safety Notice and Return of Respondent to Family home

Offence Date

August 2023

Court

Broadmeadows Magistrates’ Court

Facts

Our client was the Respondent to a Family Violence Safety Notice (“Safety Notice”)  made by Victoria Police. The Affected Family Member (“AFM”) was the Respondent’s de facto partner. The parties have one child together who was listed as a protected person under the notice.

A complaint was made to Victoria Police by the AFM after an incident that began in the Respondent’s car, where it was alleged that the Respondent pulled the AFM’s hair and threw her phone onto the floor. The altercation continued to their home, where the Respondent allegedly pushed the AFM, dragged her across the kitchen and pinned her to the couch.

Based on these allegations, Victoria Police believed a Safety Notice was necessary to prevent any further family violence between the parties. Accordingly, one was issued with full-exclusion conditions to ensure the safety of the AFM and the child.

Under the Safety Notice, the Respondent was prohibited from committing family violence against the protected persons, being anywhere within 5 meters of the AFM and prohibited from being within 200 meters of the address the AFM resided at, which was also his home.

How the Case Resolved

We attended the Mention date on behalf of the Respondent and negotiated with Victoria Police who were initially seeking an interim order with full exclusion conditions. This would have prevented the Respondent from going home and having any communication with his partner or child.

Successful negotiations were made with Victoria Police who agreed to a Safe Contact Order on an interim basis, under s80 of the Family Violence Protection Act 2008. meaning the Respondent was allowed to return home immediately. To ensure this, extensive submissions were made as to the importance of the client being able to return home and how the risks of further family violence has been mitigated.

Ultimately, the matter will return to Court in future for a further hearing, pending our client’s ongoing good behaviour, Victoria Police will be given an opportunity to consider withdrawing their application entirely as the outcome we achieved allowed our client to return to the family home.

If you are looking for more information on Intervention Orders, or want to read more of our case studies, click here. Otherwise, if you would like to speak to an experienced Intervention Order Lawyer, call us on (03) 8391 8411 or visit our website.