Do you have to respond to a police application for an Intervention Order? We provide legal advice and court representation for Family Violence and Personal Safety Intervention Orders in Victoria.
Intervention Order Lawyers Melbourne
In Victoria, Intervention Orders are of 2 types: Family Violence Intervention Orders (governed by the Family Violence Protection Act 2008 (Vic) and Personal Safety Intervention Orders (governed by the Personal Safety Intervention Orders Act 2010 (Vic).
An application for either type of Order often, but not always relates to an allegation of criminal offending. It is commonplace for the police to apply for an intervention order where an offender has been accused of harassing their ex-partner. In this situation, the alleged offender will potentially be involved in both criminal (an assault charge) and an application for a Family Violence Intervention Order (civil case) under the Family Violence Protection Act 2008 (Vic). Personal Safety Intervention Orders seek to prevent behaviour by one person against another where the relationship is not familial. Neighbours unsurprisingly are frequently the parties in applications for personal safety intervention Orders. A Breach of Intervention Order (either Family Violence or Personal Safety), will result in a criminal offence, which is punishable by imprisonment.
Intervention Orders can be made on either an interim or final basis. An interim intervention order is typically made whilst an application is progressed through the various stages of litigation (mention, directions hearing, contested hearing). The Court has the power to make a final order either at the end of a contested intervention order hearing (where the respondent has been unsuccessful), or by consent of the respondent (usually on a without admission basis). A final order is typically made for a period of 12 months, but can be made for much longer, and in exceptional cases the court may make an indefinite order.
A respondent may appeal against the making of a Final Order, however the Order remains in place until such time as it is set aside on appeal.
The decision to either contest or consent to an Intervention Order is important and should be informed by legal advice, as the making of an Intervention Order can have adverse implications for a criminal charge, or family law proceedings. Additionally, the making of an Intervention Order, on either an interim or final basis, may have adverse consequences for a respondent who holds a firearm license. For more information relating to Intervention Orders and firearms refer to our blog.
Refer also to our recent interview of a Family Law Specialist on things to consider when Responding to A Family Violence Intervention Order.
Prepare early and get advice
As discussed above an Intervention Order can have consequences in both family and criminal law. Consequently, it is important to get timely advice. For advice concerning your options, including contesting an intervention order, call our office on (03) 9668 7600 or email our office for an obligation free case assessment.
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SERVED WITH AN INTERVENTION ORDER?
Contest Intervention Order
CASE STUDY: Breach Intervention Order & Diversion Outcome
Our client was charged with Breach Intervention Order x 3. The circumstances of the alleged breaches were that on our client sent his former partner text messages.