Intervention Order Lawyers
Our intervention order lawyers regularly provide legal advice and attend to the Melbourne Magistrate's Court, Dandenong Magistrate's Court, and other magistrate's courts in Victoria. Our lawyers have years of experience in intervention orders and court representation and can get you the best outcome.
Get Intervention Order Legal Advice
You should get legal advice, as anything you say in intervention order proceedings can be used against you, both now and for many years in the future, including in:
criminal law proceedings
family law property settlement proceedings
family law parenting proceedings
child protection proceedings
civil law proceedings
It is important that intervention order proceedings are considered as part of your greater legal circumstances, rights, and options.
Before saying anything, making a statement, or putting anything in writing or if you have already said something, get legal advice.
If Victoria Police commence intervention order proceedings against you, there is a real possibility that criminal charges will be made against you as well.
If you are concerned about the impact of an intervention order, criminal charges, the parenting implications of an intervention order or if you need legal advice or court representation at your next intervention order hearing call Freemont Family Lawyers on 1800 976 214 or after hours on 0402 249 361 for urgent intervention order legal advice.
What is an Intervention Order?
An intervention order is a court order made to shield a person from alleged or actual threatening, harassing, abusive, or violent behaviour made toward them by another person.
Intervention orders can be open to abuse through false claims, false allegations, and distortion. Serious penalties apply for making false allegations including up to 5 years imprisonment for making a false declaration.
The allegations leading to an intervention order are usually made by Victoria Police, a spouse or de facto partner or from some other personal relationship. Until any allegations are proven, they remain allegations only and can lead to a defamation claim if any allegations are made outside of intervention order proceedings and are found to be untrue.
Before an intervention order is made by a court, Victoria Police can issue a family violence safety notice (FVSN) which has similar powers to an intervention order. If an FVSN is issued, it will be evaluated by a magistrate's court. An FVSN can be withdrawn, dismissed, found to be unlawful or made into an undertaking, interim intervention order or final intervention order.
The conditions that apply to an intervention order will be determined by a court. When a court makes an intervention order, the court will consider any submissions from the parties about what conditions the intervention order should have.
Intervention orders are known by different names. In Victoria, they are known as family violence intervention orders, personal safety intervention orders or IVOs. They are also known as restraining orders, restraint orders, apprehended violence orders, AVOs, domestic violence orders, DVOs, personal violence orders or PVOs.
What Can Intervention Orders Do?
An intervention order can affect broad rights and freedoms of a person (called the respondent) that the intervention order imposes conditions on. Intervention orders conditions depend on evidence and facts. There can be one condition, a few conditions, or full conditions.
A list of common conditions that can be made in an intervention order include, but are not limited to:
Restraining a person from committing family violence.
Restraining a person from going to a residence even if this was their family home and principal place of residence.
Restraining a person from being within a certain distance of a home, place of work, place of education or childcare of another person.
Restraining a person from being within a certain distance (usually 5 or 10 metres) from another person.
Restraining a person from contacting another person by telephone, email, or any other means.
Restraining a person from following or attempting to keep track of another person, including online such as on social media like Facebook.
Restraining a person from posting information online about another person.
Not getting anyone else to do what the person cannot do themselves under an intervention order.
Depending on the circumstances, the conditions that apply to an intervention order can be challenged or changed by a magistrate's court. We recommend that an intervention order lawyer make submissions regarding what conditions should apply in most cases.
Can I Defend Myself Against an Intervention Order?
Yes, every person that is affected by an intervention order has the legal right to make submissions to the magistrate's court.
If the police have taken out an intervention order, then the police are the applicants and they will make the main submissions against the respondent.
If an intervention order application is not withdrawn, dismissed or settled, then, the respondent can consent to a final intervention order or oppose the application and go to trial.
At an intervention order trial, evidence will be presented by each party in accordance with the rules of evidence to a magistrate to make their case. The magistrate will then decide whether there are proper grounds on the balance of probabilities, to impose an intervention order on the respondent.
Under some circumstances, there can be a costs order made by the court against an unsuccessful party where an intervention order matter proceeds to trial.
Any person affected by an intervention order must carefully consider their options, legal rights, and the likely outcome of intervention order proceedings. Our experienced intervention order lawyers have given legal advice in many different circumstances and can provide legal advice about your rights and options.
Breaching an Intervention Order
Breaching an intervention order can lead to criminal charges and serious penalties including up to 2 or 5 years imprisonments depending on the circumstances.
If you are unsure how any intervention order conditions apply to you, obtain urgent legal advice.
Call now to discuss your legal rights and options through our free initial phone consultation.