Can You Appeal An Intervention Order In Victoria?
In Victoria, the court can issue intervention orders to protect individuals from harm or the threat of harm. While these orders can provide the necessary protection, they can also significantly impact a person's life, including limiting their movements and activities.
If you have been issued an intervention order and believe it is unjust or inappropriate, you may wonder if there is a way to appeal it. The answer is yes, it is possible to appeal an intervention order in Victoria. However, it’s important to understand what is involved in the process for filing an appeal, and the possible outcomes of an appeal hearing.
What is an Intervention Order?
An intervention order (IVO), which may also be known as a restraining or protection order, is a court order that aims to protect individuals from harm or the threat of harm.
In Victoria, an IVO is issued by the Magistrates' Court and may include various conditions to protect the person in need. If you’ve had an IVO placed against you, these conditions can prohibit you from contacting the protected person or going near their home or workplace.
Intervention orders can be issued against family members, intimate partners, or anyone threatening an individual's safety or well-being. It is important to note that breaching an IVO is a criminal offence and can result in severe consequences, including imprisonment.
What Does It Do?
An IVO is designed to protect individuals who are experiencing harm or the threat of harm. It can help to prevent further incidents of violence or abuse and provide a sense of safety and security to the protected person.
It can also provide a legal mechanism to enforce the conditions of the order, and breaching an IVO is a criminal offence that can result in severe consequences, including imprisonment.
It is important to note that an intervention order is not a criminal conviction, and it does not necessarily imply guilt on the part of the respondent. However, it is a serious legal order that can have significant consequences for the respondent, including limitations on their movements and activities.
Grounds for Appeal
There are several grounds for appealing an IVO in Victoria. These include:
- Error of law: If there was a legal error in the original hearing, such as a mistake in the interpretation of the law or a procedural error, you might be able to appeal the order.
- Error of fact: If there was a mistake in the evidence presented at the original hearing that may have affected the outcome, you might be able to appeal the order.
- Bias or apprehended bias: If you believe the magistrate who issued the order was biased or there was an apprehension of bias, you may be able to appeal the order.
- Change in circumstances: If there has been a significant change in circumstances since the order was issued, such as a reconciliation with the protected person or evidence that undermines the basis of the order, you may be able to appeal the order.
- Lack of proper notice: If you were not properly notified of the original hearing or were not allowed to be heard, you may be able to appeal the order.
It is important to note that the grounds for appeal may vary depending on the specific circumstances of the case, and your criminal defence lawyer will be able to advise as to which grounds for appeal is suitable to your case.
Filing an Appeal
To file an appeal for an IVO in Victoria, you will need to follow these steps:
- Obtain legal advice: It is recommended to seek legal advice from a criminal lawyer experienced in dealing with intervention orders in Victoria before filing an appeal to understand your legal rights and the strength of your case.
- Complete the appeal form: You will need to complete the Notice of Appeal form, available from the Magistrates' Court or downloaded from the court's website.
- Lodge the appeal form: You must lodge the completed appeal form at the Magistrates' Court where the original order was issued. A filing fee may be associated with the appeal, and you must provide a copy of the original order and any relevant documents to support your appeal.
- Attend the appeal hearing: A date will be set for the appeal hearing, and you must attend court that day. It is recommended to bring any evidence or witnesses that support your appeal.
Choosing an Experienced Intervention Order Lawyer
If you have been issued an IVO and believe it is unjust or inappropriate, you may be able to appeal it on specific grounds. Your criminal defence lawyer will be able to guide you throughout the process of appealing an IVO. This includes determining the best time to lodge your appeal, as you generally can only successfully appeal an IVO once.
Seeking legal advice is recommended before filing an appeal to understand your legal rights and the strength of your case. If you are looking for an experienced IVO lawyer in Victoria, Stary Norton Halphen is a trusted law firm that can help. With years of experience in criminal law and a proven track record of success, their team of lawyers can provide you with the legal representation and advice you need to navigate the legal process.
Contact Stary Norton Halphen today to schedule a consultation and learn how they can assist you with your IVO case.