INTERVENTION ORDER
Speak to one of our friendly family lawyers today to see how we can assist and provide you with the best possible advice and representation.
INTERVENTION ORDER
If you have been served with an Intervention Order you should contact us immediately.
What is an Intervention Order?
An Intervention Order is a legally enforceable document that aims to provide a person, their children and their property with protection. It is sometimes referred to as a Restraining Order or an AVO. The order will specify conditions that must be adhered to by the respondent. Depending on the conditions, the law will generally require the respondent to:
- Refrain from certain behaviour;
- Avoid contact or communication with the protected person;
- To maintain a specified distance from the protected person.
In Victoria, there are two types of Intervention Orders that can be ordered in the Magistrates’ Court. They are ‘personal safety’ and ‘family violence’ Intervention Order.
Personal Safety Intervention Order (PSIO) – A court order to protect an individual, their children or their property from another individual’s behaviour. This may also be known as a Restraining Order or Apprehended Violence Order in other States and Territories.
If you have been subjected to assault, harassment, stalking or had your property damaged, you can make an application for a PSIO.
Family Violence Intervention Orders (FVIO) – A court order to protect an individual, their children and their property from another family member, partner or ex-partner.
Any person who is or has been the victim of physical assault, threats of harm, stalking, intimidation or harassment and has a reasonable belief of fear can apply for a FVIO
What should I do if I receive an Intervention Order?
If an application has been made against you, it is important you read the documents you receive. If it is a FVIO, the person who made it is called the Applicant. This can be your partner, the police, a parent or a guardian. The people who are seeking protection are called affected family members. If the application is made against you, you are the Respondent.
You can contact our lawyers at Caroline Springs Family Lawyers should you wish to discuss the implications of the Intervention Order.
Can I apply for an Intervention Order?
Applying for a FVIO – You can apply for a Family Violence Intervention Order at any Magistrates’ Court in Victoria if you are over 18. If you are between 14 and 18 or applying for your child who is under 18, you can apply for an intervention order at the Children’s Court.
You will need to fill in an application form and provide information about the people included in the application. The form can be obtained from Court or you can download it from the Magistrates’ Court Family Violence Website.
Upon completing the application form, you will be interviewed by the Court Registrar. You may be able to see a Magistrate after the interview with the Registrar for an Interim Order. However, it is likely the Court will be busy and you will have to come back another day.
Applying for a PSIO – The protected person or someone else can apply for an Order.
Police can also apply for personal safety intervention orders when they believe that a person needs protection. This application can also be made despite the affected person’s consent. You will need to fill out an ‘information for application for a personal safety order’ form. Then you have an interview with the Registrar at Court.
The same process applies for a PSIO as that to a FVIO.
Can I have a lawyer appear on my behalf for an Intervention Order?
What happens if I am charged with breaching an Intervention Order?
You must comply with the conditions of an Intervention Order. Breach of an Intervention Order is a criminal offence and is taken very seriously. The police can arrest and charge you if you breach the conditions of an Intervention Order or commit another kind of offence. Once you are charged, you will need to decide whether to plead guilty or not guilty.
If the Court finds you guilty of a breach, they can impose a:
- Fine;
- Good behaviour bond;
- Prison sentence;
- Or other penalties it deems appropriate.
It is best to seek legal advice prior to your hearing date.
All areas of family law
We can assist you with
- Alternative Dispute Resolution
- Binding Financial Agreements
- Child Abuse Matters
- Child Custody Matters
- Child Support
- Cohabitation Agreements
- Consent Orders
- De Facto Matters
- Divorce Applications
- Domestic Violence Matters
- Financial Agreements
- Injunctions
- Interim Orders
- Intervention Orders
- Mediation
- Parenting Orders
- Parenting Plans
- Prenuptial Agreements
- Property Settlements
- Recovery Matters
- Relocation Matters
- Same Sex Separations
- Separation Issues
- Spousal Maintenance
Contact Us
Let us use our extensive experience to help you resolve your case
Please fill out the form and we will get back to your shortly.
No Obligation Consult
Experienced Lawyers
Our lawyers have experience in all family law and related jurisdictions. We have expertise and experience in both parenting and financial disputes.
Emergency Hotline
We understand that urgent family law and intervention matters arise. We are available for contact in emergency circumstances to provide you with the right advice.