Family violence intervention orders (also referred to as personal safety intervention orders) are civil orders issued by magistrates that forbid individuals from engaging in prohibited behavior toward family members and former partners. Such orders can provide victims with peace of mind.
Legal advice
Intervention Order matters can involve both domestic and non-domestic violence. Applications to the Magistrates Court for Intervention Orders typically alleging prohibited behaviour or family violence will typically be heard before being decided at hearing, giving both sides of the story the chance to tell their side of things.
We can defend an Interim Intervention Order application if it appears the applicant is abusing court process. Breaching an intervention order is considered a criminal offence and will be charged by law enforcement with criminal violations; penalties for doing so could include fines, community service or imprisonment.
Applying for an intervention order
Intervention orders are court-made agreements that set forth conditions about how members of your family must behave, to protect you from violence and threats as well as children from abuse or neglect. Any time they violate these rules, criminal charges could ensue. It's wise to seek legal advice prior to agreeing to an intervention order agreement.
Applying for an intervention order at a Magistrates' Court is usually the best option; try going where you know who will hear your application and be heard by them.
The Registrar can provide you with information regarding support services and legal aid. Victoria Legal Aid offers free legal help via phone and webchat; Intervention Order Lawyer Melbourne provides legal advice tailored specifically for young people.
Meeting with the registrar
Registrars serve as the main point of contact between the public and legal proceedings, so it is vital that they provide accurate and consistent information regarding their work.
Intervention orders in Victoria can help to protect people from threats of threats, intimidation, violence or property damage; harassment or stalking. They may also serve as an antidote.
Willful violations of orders may lead to imprisonment and could jeopardise licences or jobs that require security clearance. Furthermore, this could have lasting repercussions for your reputation.
Legal advice should always be sought and its terms respected, even when disagreeing with them. Furthermore, all parties involved should be treated with dignity and sensitivity throughout this process.
Meeting with a magistrate
Family Violence Intervention Orders (FVIOs) or Personal Safety Intervention Orders (PSIOs) are civil orders designed to safeguard people against behavior that threatens violence, harms property or disturbs peace. FVIOs or PSIOs may also assist with family law matters or visa applications.
The court will assess the evidence and decide if an FVIO or PSIO is needed, along with what conditions must be attached. For instance, it may prohibit respondent from making contact with or threatening protected person and limit how close they can come to home or workplace of protected individual.
Brashes of final orders can have serious repercussions for individuals' lives and result in criminal charges; to protect yourself from this possible outcome it's essential that you seek legal advice from experienced intervention order lawyers.
Meeting with the respondent
Protected persons can apply formally to a magistrate for an interim (immediate) intervention order and set a hearing date with them. They can also seek legal advice before trying to amend an intervention order's conditions.
Respondents will then be provided a copy of the application and informed when they must attend court, with an opportunity to call witnesses as needed. A magistrate will then make his/her final determination regarding an intervention order.
Criminal lawyers can provide valuable assistance when applying for an intervention order, ensuring it satisfies professional standards and maximising chances of success. They will also explain its terms to respondent.
