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Domestic Violence

Family Violence Orders – Intervention Orders

What is an Intervention Order?

An Intervention Orders is a Civil Order that prohibits a person from committing a certain action against you. This can include physical violence, property damage, restrictions on publishing information in relation to you or another person under your application coming near your place of residence or work.

An Order of this kind may and can affect your family law matter. Breaches of the kind mentioned above can have ramifications to outcomes in the family court and in particular to children’s matters.

There are two types:

  1. Personal Safety Intervention Order
    These Orders are matters that do not relate to a member of your family. This could include a non relative such as a neighbour or work colleague. A personal safety intervention order is issued by a magistrate to protect an individual from the broad spectrum of violence that can be portrayed upon another person and that includes – but not limited to: physical harm from somebody whom is not a family member, emotional violence from somebody whom is not a family member and psychological violence from somebody whom is not a family member.

  2. Family Violence Intervention Order (IVO’s)
    relate to matters involving harassment from a family member, partner or relative. The violence intervention order is designed to protect an individual from physical, emotional psychological or financial violence from a member of their own family or relative pursuant to the Family Violence Protection Act 2008 (VIC).

    If you are in a position where the police or someone else is trying to take out an IVO against you, or you need to take an IVO against someone else to protect yourself, read on – our criminal lawyers are able to assist in all aspects of the IVO process.

    Our solicitors are experienced in successfully applying for Apprehended Violence Orders on behalf of clients wishing to be protected and representing them in court to have the Intervention Orders made.

Frequently Asked Questions

In a case where you are privately making an Application, you may be ordered to serve statements consisting of evidence against the Defendant, and the Defendant may be ordered to serve statements in response. Though the outcome will vary dependent on what you and the defendant want to do, the matter may proceed in one of the following ways:
  1. The defendant may give a formal promise (undertaking) to the court to stop the behaviour causing you to fear them, and no Family Violence Orders – Intervention Orders will be made;
  2. The defendant may agree with the Family Violence Orders – Intervention Orders being made – without admitting to any of the allegations – and a Final Family Violence Orders – Intervention Orders will be made against them;
  3. The defendant may agree with the Family Violence Orders – Intervention Orders being made – admitting to the allegations being made – and a Final Family Violence Orders – Intervention Orders is made against the defendant;
  4. The defendant may object to the application for the Family Violence Orders – Intervention Orders being made in a hearing at Court and a Magistrate will decide whether to make the Family Violence Orders – Intervention Orders or to dismiss the Application.
In order for the court to approve Family Violence Orders – Intervention Orders application against a Defendant, the Applicant must establish that:
  • The Applicant fears that the Defendant will be violent towards them, harass them or intimidate or stalk them (this is a subjective test, which means that it is actually based on what the Applicant feels);
  • The Applicant’s fear is based on reasonable grounds (this is an objective test, which means that it is based on whether the court agrees that another person in the Applicant’s position would feel the same way as the Applicant).
If the police on behalf of the protected person made the Family Violence Orders – Intervention Orders application against you, they will represent the protected person in court. Police statements will generally refer to them as the AFM (Affected Family Person). You will receive a Brief of Evidence against you. In a case where a civilian makes the IVO application privately, the Applicant may be ordered to serve statements consisting of evidence against you. In this case, you may also be ordered to serve statements in your defence. Though the outcome will vary dependent on what you and the applicant want to do, the matter may proceed in one of the following ways:
  • You give a formal promise (undertaking) to the court to stop the behaviour causing the protected person to fear you, and no Family Violence Orders – Intervention Order will be made;
  • You can agree with the Family Violence Orders – Intervention Order being made – without admitting to any of the allegations made by the protected person – and a Family Violence Orders – Intervention Order will be made;
  • You can agree with the Family Violence Orders – Intervention Orders being made – admitting to the allegations made by the protected person – and a Final Family Violence Orders – Intervention Orders will be made;
  • You can defend the application for the Family Violence Order – Intervention Order being made in a hearing at Court and a Magistrate will decide whether to make the Family Violence Order – Intervention Order or to dismiss the Application.
In the event of a Family Violence Orders – Intervention Order being successfully made against the Defendant, he or she will not be given a criminal record. The Defendant will only be given a criminal record if he or she breaches the Family Violence Order – Intervention Order Apprehended Violence Order. In the event of a Family Violence Order – Intervention Order breach penalties may include a fine or imprisonment or both.
If you have breached a Family Violence Orders – Intervention Orders you have two options.
  1. Plead not guilty: In order to be convicted of this offence, the Applicant/police representing the protected person must prove beyond reasonable doubt that the Defendant contravened a prohibition or restriction specified in Orders made against the Defendant, and that the contravention was done or made knowingly.
  2. If the aforementioned elements cannot be proved beyond reasonable doubt, then the Defendant will be found not guilty of the offence.
  3. If the aforementioned elements can be proved beyond reasonable doubt, you may still be found not guilty if any of the following defences can be established:
    • Duress
    • Necessity
    • Self-defence
Our solicitors are experienced in dealing with Family Violence Orders – Intervention Orders and will advise Defendants of their prospects of successfully defending any charge brought against him or her. We will fight for our clients to be found not guilty of the offence. Plead guilty: If the Defendant to the breach of an IVO agrees to what the police is alleging against him or her, it is in your best interests to plead guilty as it shows remorse and contrition in the court and may entitle you to a discount on your sentence. In the event of an IVO breach, there are maximum penalties and or imprisonment. However, contravening a Family Violence Order – Intervention Order is an offence usually dealt with the Family Violence Protection Act 2008 (VIC). If you are seeking to make an IVO application or are seeking advice as a defendant to an IVO application, please contact our team to set up a consultation.