Intervention Orders
Our team of lawyers is highly skilled in providing representation for all parties involved in cases related to Family Violence Intervention Orders and Personal Safety Intervention Orders. With appearances in the Magistrates’ and Childrens Court throughout Victoria, we possess comprehensive expertise throughout the entire legal process of an IVO.
Obtain Intervention Order Legal Advice
Obtaining legal advice is crucial, as statements made in intervention order proceedings can have long-term consequences. This includes implications in criminal law, family law property settlement, parenting proceedings, child protection, and civil law. It’s essential to consider intervention order proceedings in the broader context of your legal circumstances, rights, and options.
If Victoria Police initiates intervention order proceedings against you, there’s a real possibility of facing criminal charges. If you’re concerned about the impact of an intervention order, criminal charges, parenting implications, or need legal advice or representation at your next intervention order hearing, contact our team of experienced lawyers at Chase Murphy Lawyers.
What is an Intervention Order?
An intervention order is a court-issued document designed to shield an individual from alleged or actual threatening, harassing, abusive, or violent behaviour by another person.
Intervention orders may be open to abuse through false claims, and serious penalties apply for making false allegations. Allegations leading to an intervention order are typically made by Victoria Police, a spouse, de facto partner, or another personal relationship. Until proven, these allegations remain allegations and can lead to a defamation claim if found untrue outside intervention order proceedings.
Before a court issues an intervention order, Victoria Police can issue a family violence safety notice (FVSN), with powers similar to an intervention order. An FVSN can be withdrawn, dismissed, deemed unlawful, or transformed into an undertaking, interim intervention order, or final intervention order.
The conditions of an intervention order are determined by the court, considering submissions from the parties involved. Intervention orders are known by various names, including family violence intervention orders, personal safety intervention orders (PSIO), IVOs, restraining orders, apprehended violence orders (AVOs), domestic violence orders (DVOs), or personal violence orders (PVOs).
What Can Intervention Orders Do?
Intervention orders can impact a person’s rights and freedoms, imposing conditions based on evidence and facts. Common conditions include restraining a person from committing family violence, restricting their proximity to specific locations, and prohibiting contact or communication. Conditions can be challenged or changed by a magistrate’s court, and our intervention order lawyers recommend seeking legal advice for most cases.
Can I Defend Myself Against an Intervention Order?
Yes, anyone affected by an intervention order has the legal right to make submissions to the Magistrate’s court. If Victoria Police initiates the order, they will present the main submissions. Respondents can consent to a final intervention order or oppose the application and go to trial. At trial, evidence is presented, and the magistrate decides if there are grounds, on the balance of probabilities, to impose the order.
Under certain circumstances, the court may issue a costs order against an unsuccessful party. It’s crucial for anyone affected by an intervention order to carefully consider their options, legal rights, and likely outcomes. Our experienced intervention order lawyers offer legal advice tailored to various circumstances.
Breaching an Intervention Order
Breaching an intervention order can result in criminal charges with serious penalties, including imprisonment. If unsure about how intervention order conditions apply, seeking urgent legal advice is essential.
Contact us to book your consultation to discuss your legal rights and options.
