Intervention Orders

Intervention Orders Lawyers Melbourne

Intervention orders are legal tools designed to help protect individuals from harm or the threat of harm, by imposing restrictions on the behaviour of others. In Victoria, a Personal Safety Intervention Order (PSIO) or Family Violence Intervention Order (FVIO) can be ordered by a court in specific circumstances such as when a person is assaulted, harassed, threatened, stalked, or their property is damaged. An FVIO is used when the person causing the harm is a family member of the victim. A PSIO may be ordered when the parties involved are not family members.

What is Family Violence?

Family violence occurs when a family member such as a partner, spouse, ex-partner, child or other relative acts in a way that causes another family member to be unsafe, or to fear for their safety or welfare.

Family violence includes physical or sexual abuse, psychological abuse, economic/financial abuse, and behaviour that is threatening, coercive, controlling or dominating. Family violence also includes damaging property, harming or threatening to harm a pet, depriving a family member of their freedom, and exposing children to such behaviours.

Specific laws help protect someone who fears or has experienced family violence from a family member or certain others such as carers or guardians.

Obtaining an Intervention Order

 To obtain an intervention order, the applicant (“protected person”) must have reasonable grounds to fear for their safety or have experienced violence, threats, or intimidation. The application can be made by the protected person or someone acting on their behalf, such as a family member, friend, support worker, or a lawyer. The police can also request an intervention order on behalf of someone requiring protection.  

 The process begins with completing an application form from the Magistrates’ Court of Victoria or Victoria Police. The form should detail the nature of the violence or threat and include supporting evidence, such as photographs, messages, or witness statements. We recommend that you consider engaging a criminal lawyer to assist with this process so that important information is not missed out prior to the application being filed with the Court.  

Once the application is submitted, a court hearing is scheduled. At the hearing, the applicant presents their case before a magistrate, who will consider the evidence and arguments.  

 In urgent cases, the magistrate may grant an interim intervention order without a full hearing, providing immediate protection until the final hearing. At the final hearing, the magistrate reviews the evidence presented, including any submissions made by the respondent. If the magistrate determines that the applicant requires protection, a final intervention order is granted.  

 The intervention order outlines the specific conditions and restrictions to be imposed on the respondent, for example, that the respondent not: 

• • damage the protected person’s property 
  • contact or communicate with the protected person 
  • attempt to locate or follow the protected person 
  • publish content about the protected person 
  • be within a certain distance of the protected person 

If you are seeking an intervention order, it is advisable to obtain legal representation to ensure a comprehensive presentation of your case. 

Contesting an Intervention Order 

A respondent can admit to the allegations made in an application for a proposed intervention order or deny them. Legal representation is strongly recommended to navigate the legal process effectively. 

In some cases, the parties may be encouraged to engage in negotiations or mediation without proceeding to a court hearing. The protected person may agree to an undertaking by the respondent. This is a written promise by the respondent to the court and the protected person to follow certain conditions.  

When an order is contested, the magistrate will assess the evidence presented by both parties and make a determination based on the balance of probabilities. If the magistrate finds sufficient grounds for an intervention order, it will be granted, specifying the conditions and restrictions applicable to the respondent. If the magistrate is not satisfied that the protected person requires protection, the application may be dismissed.  

Breaching an Intervention Order 

The issue of an intervention order is a civil matter and does not result in a criminal record for the respondent. However, breaching an intervention order, even unintentionally, is a criminal offence and can lead to criminal charges. In such cases, the respondent may face a fine, imprisonment or be put on a good behaviour bond. They may also face a criminal record. 

If a respondent believes the conditions imposed in an intervention order are unfair or unmanageable, seeking legal advice is essential rather than violating the order. 

How Our Melbourne Intervention Order Lawyers Can Assist You

We have considerable expertise in criminal law, with a strong focus on family violence and intervention orders in Melbourne. We act for applicants and respondents, enabling us to appreciate both sides of a matter and provide comprehensive representation and advice. We genuinely care for our clients and offer personal attention and tailored strategies to achieve the best possible outcomes in some very complex and challenging situations. 

We are dedicated to serving clients across Melbourne and the surrounding areas, including Altona, Moorabbin, Box Hill, Werribee, Melton, and Sunshine.

When you need help, call us on 0450 803 822 or email [email protected].

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