An intervention order is imposed by a magistrate and prohibits another person from certain action in regards to you (if you are the applicant), or prohibits you from certain action in regards to another person (if you are a respondent). This can include contact or communication, family violence, intentionally causing damage to property, and restrictions on publishing information on the internet.
There are two types of interventions order:
The first is a family violence order (FVO), which is designed to protect you from a family member who is violent towards you.
The second is the personal safety intervention order (PSO) and this is to protect against violence from people who are not family members.
An Intervention Order application may resolve with the consent of the other party or it may run to a contesting hearing where the applicant gives evidence. We provide representation for both types of orders whether you are the applicant or respondents.
Intervention Orders (IVO) are becoming more and more common in legal proceedings, especially where allegations of domestic or family violence are involved.
There two most common types of IVOs are:
Personal Safety Intervention Order
Any person who has been the victim of threats, family (emotional, physical, sexual, financial) violence, or feels their personal safety is at risk from another party, can make an application for a Personal Safety Intervention Order (PSO). In order to do so, the applicant must make an appointment at their local Magistrates’ Court, and complete a detailed application form. Depending on the grounds of the application, the court registrar may: (i) put the application immediately before a magistrate; or (ii) set down a court date in the near future to allow the respondent time to consider the application and attend court to answer the allegations.
Family Violence Orders
A Family Violence Order (FVO) is an order put in place by Victoria Police on behalf of a complainant, where the complainant is alleged to be a victim of family violence. FVOs are imposed against accused persons as a matter of police policy in family violence cases. These orders are usually put in place on an immediate, interim basis for a 24–48 hour period, until the matter can be put before a magistrate.
Whether a PSO or a FVO, intervention orders and the court proceedings surrounding them, can be very lengthy, emotional and complex matters. Having legal representation at every stage of the IVO process is essential, as agreeing to an IVO (of any kind) must be treated with the utmost seriousness. Breaches of these orders are punishable by up to two years’ imprisonment and/or huge fines. There are also serious repercussions for people who hold firearms licenses or are involved in Family/Federal Court proceedings.
Our Senior Associate, Katherine Poppitt, is very experienced in all forms of intervention order matters. She routinely appears in the Magistrates’ Court on behalf of both applicants and respondents, and has also instructed counsel in a number of intervention order appeals in the County Court of Victoria. Contact our office today to make an appointment and take advantage of Katherine’s knowledge and experience.