Decoding Intervention Orders

In Australia, the complexity of criminal law, especially when it comes to matters as delicate as domestic disputes, is often overwhelming for many. An Intervention Order (IVO) may be known as a domestic violence order (DVO), family violence intervention order (FIVO), protection order, family violence order (FVO) or a violence restraining order (VRO) in other states and territories, serve as a critical legal measure to safeguard individuals from further harm. But what exactly are these orders, and how do they function within the legal system? This post delves into the details, providing clarity on a subject often shrouded in confusion.

WHAT IS AN INTERVENTION ORDER?

An Intervention Order (also known as IVO) is an order made by a Magistrate at the Magistrates’ Court of Victoria to protect a person who has experienced some form of ‘family violence’. This may include physical, mental, sexual and emotional abuse, economic abuse, threats and other behaviour that causes a family member to fear for their safety and wellbeing.

Intervention Orders can be brought to the Court by our firm filing an application, by the affected family member (AFM), also known as the Applicant, or by the Police on the Applicant’s behalf. Applicants may also apply for Orders to be made on behalf of their child, also known as the protected person. The individual whom the Order is being made against is called the Respondent.

TYPES OF INTERVENTION ORDERS

FAMILY VIOLENCE INTERVENTION ORDERS

A Family Violence Intervention Order is a legal order issued by the Court to protect family members from family violence within the home. This type of Intervention Order is where the affected person must be a family member or relation of the Respondent or currently or have previously been in a relationship with the Respondent.

INTERIM ORDERS

If the affected person feels immediately threatened, they can apply for an Interim Intervention Order. These orders are made when the Court deems the affected person is in danger of harm and needs immediate protection. They are temporary orders that remain in place until the matter can be dealt with at the Court.

SAFE CONTACT ORDERS

Safe Contact Orders are limited IVOs that may only include conditions not to commit family violence and not to damage property. Typically, where the Court does not assess the risk of family violence as being high, and usually where the police are supportive, a Court may simply order a Safe Contact Order.

THE APPLICATION PROCESS

Applying for an IVO is a process that requires careful attention to detail. Here’s a general outline of how it typically unfolds:

• Application Submission:
• Our office can apply on your behalf; or
• The victim can apply at the Magistrates Court; or
• Victoria police can apply for protection on your behalf.
• Court Hearing:
• The Court will give the Applicant and Respondent a Court date; and
• You will attend Court for the Application; and
• The Magistrate will review the Application and listen to the parties.
• Issuance of Order:
• If the Magistrate deems the order necessary, they will order an Interim or Final IVO with specific conditions tailored to the situation.

UNDERSTANDING THE CONDITIONS

The conditions imposed on the Respondent can vary widely depending on the circumstances. Typical conditions may include:

• Not to commit family violence
• No contact with the AFM, either directly or indirectly
• Staying away from certain locations, such as the AFM’s home or workplace
• Surrendering weapons

THE IMPORTANCE OF COMPLIANCE

It is a criminal offence to disobey or breach an Intervention Order. If you do something prohibited by the Order, the Police may charge you with breaching the Order. The maximum penalty for breaching an order is 240 penalty units and/or up to 2 years imprisonment. There are more severe consequences for further breaches.

If you are Ordered not to contact the Applicant, it is still an offence to speak to them or see them even if they say they permit you to do so. We commonly see clients charged with breaching Intervention Orders by responding to phone calls or text messages sent by the Applicant themselves.

Whilst this may appear unfair, the Respondent must always abide by the conditions of the Order made by the Court.

NEED ASSISTANCE WITH AN INTERVENTION ORDER?

Navigating the legal system alone can be daunting; however, working with our committed team that works with you to find a favourable resolution can make all the difference. So, if you, or someone you know, needs assistance with an Intervention Order or any other criminal law matter, do not hesitate to contact our friendly staff on 03 5331 7944 or by email at admin@davidtamanika.com.au. Our solicitors can represent you if you are the Respondent or the Applicant in these proceedings.

Our team offers honest and reliable legal services to help you navigate the legal system. Our team works with you to understand your situation and find a suitable outcome. At David Tamanika Solicitors, your wellbeing is our priority, and our dedicated team is here to provide the guidance you need.