Family Violence and the Law in Victoria: Understanding Intervention Orders

When a person is accused of family violence it is often the case that they will be the subject of an intervention order application.

What is Family Violence?

Under Victorian law, family violence encompasses a broad range of behaviours, including:

Physical violence or threats of harm: This includes acts such as hitting, kicking, shoving, or using weapons to intimidate or injure.
Emotional and psychological abuse: This encompasses coercive control, intimidation, threats, constant criticism, humiliation, and isolation.
Financial abuse: This involves controlling access to money or resources, preventing employment, or exploiting financial vulnerabilities.
Any behaviour that causes fear for safety: This includes stalking, harassment, and any behaviour that creates a reasonable apprehension of violence or harm.

The Family Violence Protection Act provides the primary legal framework for addressing family violence against partners and other relatives in Victoria. This legislation aims to prevent and reduce family violence, as well as protect children and adults who have experienced family violence, including by providing access to family violence intervention orders, and making it an offence to contravene

Additionally, protections from physical and mental harm for people who are not family members or partners exist under the Personal Safety Intervention Order Act. This legislation aims to protect victims of assault, sexual assault, harassment, property damage or interference with property, stalking and serious threats by providing access to personal safety intervention orders.

What is an Intervention Order?

Intervention orders are legal documents designed to protect individuals from harm or the threat of harm by providing a number of conditions that the respondent must follow. They can be applied for by a police officer or by someone seeking protection for themselves or someone else.

Family Violence Safety Notices (FVSNs): These orders are issued by the police in response to a report of family violence and aim to provide immediate protection while the court considers whether to issue an intervention order.
Family Violence Intervention Orders (FVIOs): These orders are specifically designed to protect individuals experiencing family violence from a family member or someone with whom they have a close personal relationship.
Personal Safety Intervention Orders (PSIOs): These orders are applicable when the threat of harm comes from someone who is not a family member, such as a neighbour, colleague, or stranger.

How to Apply for an Intervention Order

Applying for an intervention order involves a series of steps:

Filing an application: Applications can be submitted at the Magistrates' Court either in person or online.
Interim Orders: In urgent situations, the court may grant an interim intervention order to provide immediate protection while the application is being fully considered.
Court Hearing: A court hearing will be scheduled where the Magistrate will assess the evidence presented by the applicant and determine whether to issue a final intervention order.
Final Intervention Order: If granted, the Magistrate will issue a final intervention order outlining specific conditions designed to protect the protected person from further harm.

It is crucial to seek legal representation when applying for an intervention order. An experienced solicitor can provide expert guidance, assist in preparing the application, and ensure that all necessary evidence is presented effectively to the court.

Conditions of an Intervention Order

The conditions of an intervention order are specifically tailored to minimise the risk of further harm to the protected person while ensuring that the order is proportionate and enforceable. However, common conditions may include:

No contact: Prohibiting any form of contact with the protected person, including in person, by phone, or via social media.
Staying away from specified locations: Requiring the respondent to remain a specified distance from the protected person's home, workplace, or school.
Surrender of weapons: Requiring the surrender of firearms, weapons, or any other items that could be used to harm the protected person.

A respondent to a final intervention order becomes a ‘prohibited person’ under the Firearms Act for the duration of the order and for five years after its expiry. For more information, please see our in-depth resource: Can I get my firearms licence back after an IVO? | Stary Norton Halphen.

An intervention order may also have implications on your Working with Children Check and your immigration status. It is vital to speak to a lawyer about any intervention order applications against you as soon as possible if these are relevant concerns.

Defences Against Intervention Orders

Individuals facing an intervention order may raise defences to contest the application. Common defences include:

Lack of evidence: Arguing that the allegations of family violence are unsubstantiated or lack sufficient proof.
Misidentification, misunderstandings or false allegations: Challenging the validity of the claims by highlighting inconsistencies or suggesting ulterior motives for the application.
Procedural errors: Challenging the validity of the order if there were errors in its application, service, or the court proceedings.

It is essential to seek legal advice if you are facing an intervention order. An experienced solicitor can help you understand the available defences, gather evidence, and present a strong case in court.

Breaching an Intervention Order

Breaching an intervention order is a serious offence with significant legal consequences. Penalties for breaching an order can include:

Criminal charges: Breaching an intervention order is a criminal offence that can result in significant fines or penalties and potentially a criminal record.
Increased severity of penalties: Repeated or severe breaches may result in more substantial penalties, including periods of imprisonment.

Why Legal Support is Essential

Navigating the legal complexities of intervention orders can be challenging for all parties. Seeking legal support from experienced solicitors is crucial for several reasons:

Expert guidance: Solicitors can provide clear and concise advice on legal rights, responsibilities, and the available legal remedies.
Assistance with applications: Solicitors can assist in preparing and filing applications, ensuring that all necessary information is included and that the application is presented in the most effective manner.
Representation in court: Solicitors can represent clients in court, advocate for their legal rights, and ensure that their interests are protected throughout the legal proceedings.

Stary Norton Halphen is committed to providing expert legal advice and representation to individuals experiencing family violence or facing an intervention order We understand the complexities of these cases and are dedicated to helping individuals to navigate the legal system and achieve the best possible outcomes.

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