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Intervention Orders Barristers and Solicitors
What can an Intervention Order do in practice?
An Intervention Order can include many conditions for a Respondent to follow, but the most common conditions in an Intervention Order are listed as follows:
‘Must not commit Family Violence against the protected person’ is the most common order in a Family Violence Intervention Order. The definition of Family Violence is contained in section 5 of the Family Violence Protection Act 2010.
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
This condition is relatively straight forward, as it forbids an individual from damaging, or threatening to damage, any of the protected person(s) property. This includes property that is jointly owned by both the Respondent and the other person.
An intervention order with both conditions 1 and 2 only, is commonly referred to as a ‘Safe Contact Order.’
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
This is a bit more complicated and can often get individuals into trouble. We would recommend that if your Intervention Order contains this restriction, that you immediately seek legal advice so that you know exactly what can, and cannot, do with this restriction in place.
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
This condition is one that many respondents who are spouses, partners or the parents of a protected person can breach without even realising it. “Any material” means exactly that. Any material. Even acts that may seem ‘harmless’ such as sharing happy memories of your children on your Facebook page or mentioning your ex-partner’s name in a Facebook comment can result in a contravention if they are listed a protected person on the Court Order.
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
This condition is exactly as it sounds. Arespondent cannot communicate or contact a protected person for any reason.This includes replying to their message, saying ‘hello’ when walking past them,or even waving at them.
To contact lawyers who have specialist knowledge indealing with intervention orders, contact Intervention Orders Barristers and Solicitors today on (03) 9419 6066.
As with [4], this is exactly as it sounds. A respondent cannot go within a specified distance of a protected person for any reason.
There are many other possible restrictions thatan order may place upon a person in order to keep another person safe. If youhave any questions or concerns as to exactly what an Intervention Order means in your circumstances, please feel free to contact us.
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
This condition ordinarily imposes a much greater exclusion radius (200 metres is the average). A respondent should find out what this exclusion radius covers as it may include roads, public transport lines or shops and businesses the respondent uses.
A respondent should act cautiously. If they do not know the protected persons address or workplace and accidentally find themselves within the exclusion area, they may still be liable for contravening the order if they do not leave the area at earliest opportunity.
To contact lawyers who have specialist knowledge in dealing with Intervention orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
Often referred to by the Court as the“agency” condition. This condition prohibits a respondent from instructing or authorising another person to do something on their behalf that would constitute a contravention of the order if the respondent performed the action themselves. An example of this would be if the respondent sent a relative of theirs to try and contact the protected person or attend their place of residence.
Intervention Orders which contain all ofthe conditions are referred to as “No Contact” orders.
To contact lawyers who have specialist knowledge in dealing with Intervention Orders, contact Intervention Orders Barristers and Solicitors on (03) 9419 6066.
How to Apply:
An Intervention Order can be applied for online at the Magistrates Court of Victoria Website
Hepful Links:
- Personal Safety Intervention Orders can be applied for online xxxxx
- Family Violence Intervention Orders can be applied for online xxxxx
- If you would like any legal assistance with this process, please contact us on (03) 9419 6066
Rights and Responsibilities:
Understanding Intervention Order Requirements and the Magistrates Court of Victoria obligations
Useful Information:
- An applicant has a duty to tell the truth. When making an application for an intervention order, an applicant is required to give an undertaking of truthfulness. Lying on an application can attract significant penalties.
- A respondent to an Intervention Order has the right to be heard and put forward their case. They also have a duty to tell the truth.
- They also have the responsibility of following all the requirements placed upon them by the Intervention Order. Failing to abide by the restrictions of an Intervention Order is a criminal offence. A contravention or an Order carried a maximum penalty of 240 penalty units and/or 2 years imprisonment.
- If someone has breached an Intervention Order, it should be immediately reported to the police, who may decide to arrest and charge the individual alleged to have breached the Intervention Order.
Legal Resources:
- Family Violence Intervention Orders are governed by the Family Violence Protection Act 2008. For further detailed information on how Magistrates, Registrars and Courts more generally, assess and deal with Family Violence Intervention Orders, there is information available at the Family Violence Bench book of Victoria.
- Personal Safety Intervention Orders are governed by the Personal Safety Intervention Orders Act 2010. For further detailed information on how Magistrates, Registrars and Courts more generally, assess and deal with Personal Safety Intervention Orders, there is information available at the Personal Safety Intervention Orders Bench Book.
Support Services:
Intervention Order Mens help and Victoria Police Support Services
Hepful Support Links:
- If you, or someone else, are in immediate danger or if you feel unsafe, you should contact the police on 000.
- If you are concerned about non-immediate family violence, help is available at 1800 737 732 which is available 24 hours a day, seven days a week.
- Men’s Referral Service offers assistance, information and counselling to help men who use Family Violence, and are available at 1300 766 491.
- Men’s Line Australia supports men who are dealing with Family Violence and relationship difficulties. It is a 24 hour a day, 7 day a week telephone (1300 789 978) and online service for Australian men.
- Anyone across Australia experiencing personal crisis or suicidal ideation can contact Lifeline on 13 11 14.
- For information and support to help everyone in Australia achieve their best possible mental health, whatever their age, contact Beyond Blue on 1300 224 636.
- For all the information above, and much more, please visit White Ribbon.
What is the process of an Intervention Order in Court?
The first step in the life-cycle of an Intervention Court Order is the application stage. An adult Affected Person can apply for an Intervention Order themselves or have someone else apply on their behalf with written consent. If an Affected Person is a child then a parent of the child may apply or if the child over 14 years of age the child may apply on their own withleave of the Court. A police officer may also apply for an Intervention Order onbehalf of the Affected Person.
Once an Intervention Order application is made, an application and summons for an Intervention Order is served on the respondent. This is done by the police and the applicant is not required to do this. In the application and summons, a brief summary of the circumstances will be written, including some other important information. Including the date and time that the first court hearing will be. You must attend on this date, if you do not come to court at the date and time specified, the Court may hear the application inyour absence. The Court may make a final Order. The Order may include different conditions to those that were applied for initially. If you are on bail and donot attend Court, the Court may issue a warrant for your arrest.
Sometimes, an Interim Intervention Order will also be made on the first date, which will protect the affected person duringthe court proceedings.
When the applicant for the Intervention Order is a policeofficer, the application may be served upon the Respondent with an accompanying Family Violence Safety Notice. This has the same effect of an Interim Intervention Order even before the application is heard before a Magistrate asused in circumstances where the police believe there is an imminent risk of harm to Affected Person.
The first court hearing will usually hear what both partieshave to say about the application, and decide on how the matter should proceed,or whether the matter can settle on that day. The respondent may decide thatthey do not want to challenge an intervention order and can ‘consent withoutadmission.’ This means that the order is made, but there are no findings offact. Depending on the respondent’s circumstances this may sometimes be thebest way to resolve an Intervention Order proceeding quickly and costeffectively.
If the respondent wishes to challenge the order, then thematter will return to Court in the future for a ‘Directions Hearing’. If youwish to challenge an intervention order, you should immediately contact alawyer for advice. To contact lawyers who have specialist knowledge in dealingwith intervention orders, contact Bentleys Barristers &Solicitors.
Sometimes during the first hearing, the court will also askfor further evidence from both parties. This further evidence is called ‘Further and Better Particulars’. If you have been asked to provide Further and Better Particulars by the Court, it is recommended that you speak to a lawyer.
After this, if the matter still has not been resolved, the Intervention Order will be moved towards a contested hearing. This iseffectively a ‘mini’ court hearing. This includes witness testimonies,cross-examination, expert evidence, and other evidence as well as oral submissions by the lawyers. A respondent cannot personally cross-examine the affectedfamily member in a proceeding, a child or any other family member of the partiesAlawyer must do this.
After hearing all this evidence, the Magistrate will then make a decision on the ‘balance of probabilities’. That is, whosestory is more probable. If the applicant’s story is more probable than not,then a Final Intervention Order will be made. If the respondent’s story is more probable than not, then the Application will be dismissed. Unlike other types of civil proceeding, parties in Intervention Order applications are generally expected to bare their own costs. The are limited circumstances in which an unsuccessful applicant may be ordered to pay costs. If your intervention orderis fixed for a contested hearing, it is highly recommended that you seek expert legal advice. To contact lawyers who have specialist knowledge in dealing with Intervention Orders, contact Intervention Orders Barristers and Solicitors today on (03) 9419 6066.
Types of Intervention Orders:
Family Violence Intervention Orders:
If you are in immediate danger or if you feel unsafe, youshould contact the police on 000. If you are concerned about non-immediatefamily violence, help is available at 1800 737 732, 24 hours a day, seven days a week.
You can apply for a family violence intervention order at your local Magistrates’ Court in Victoria online or inperson. Victoria Police may also make one on a person’s behalf if they thinkthat a person requires protection. If you have suffered from family violence,it is recommended that you immediately contact the police.
If you are in immediate danger, a magistrate can make an interim Court Order, providing protection from family violence until the matter resolves or is determined at a contested hearing. Children can also be included if they are under 18 years old.
The person applying for an intervention order is the applicant.
Whoever is protected by the intervention order is referredto as a protected person once an order is made, or an ‘affected family member’before the order is made. However, these terms are often used interchangeably.
Family Violence Intervention Orders contain conditions / restrictions that protect an individual from the actions of the respondent. If the respondent fails to comply with any of the conditions of an Intervention Order, the police can charge them with a criminal offence. Having an Intervention Order placed against you is not itself a criminal charge.
Personal Safety Intervention Orders:
If you are in immediate danger or if you feel unsafe, you should contact the police on 000. If you are concerned about non-immediate family violence, help is available at 1800 737 732, 24 hours a day, seven days a week.
You can apply for a family violence intervention order at your local Magistrates’ Court in Victoria online or inperson. Victoria Police may also make one on a person’s behalf if they think that a person requires protection. If you have suffered from family violence, it is recommended that you immediately contact the police.
If you are in immediate danger, a magistrate can make an interim Court Order, providing protection from family violence until the matter resolves or is determined at a contested hearing. Children can also be included if they are under 18 years old.
The person applying for an intervention order is the applicant.
Whoever is protected by the intervention order is referred to as a protected person once an order is made, or an ‘affected family member’before the order is made. However, these terms are often used interchangeably.
Family Violence Intervention Orders contain conditions / restrictions that protect an individual from the actions of the respondent. If therespondent fails to comply with any of the conditions of an intervention order,the police can charge them with a criminal offence. Having an Intervention Order is not itself a criminal charge. To contact lawyers who have specialist knowledge in dealing with Intervention Orders, contact Intervention Orders Barristers and Solicitors.
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Our experienced lawyers are here and ready to help you navigate all matters about Intervention Orders (IVO) and PersonalSafety Intervention Orders (PSIO).