Family Violence and the Law in Victoria: Understanding Intervention Orders
When a person is accused of family violence in Victoria, it is often the case that they will be the subject of an intervention order application.
Family violence law in Victoria is governed primarily by the Family Violence Protection Act 2008 (Vic), which provides the legal framework for protection orders, enforcement, and criminal consequences for breaches.
In addition, protections for individuals who are not in a family relationship are governed by the Personal Safety Intervention Order Act 2010 (Vic).
What is Family Violence in Victoria?
Under Victorian law, family violence is defined broadly and includes a wide range of behaviours.
Physical violence or threats of harm
This includes hitting, kicking, shoving, or using weapons to intimidate or injure another person.
Emotional and psychological abuse
This includes coercive control, intimidation, threats, humiliation, constant criticism, and isolation.
Financial abuse
This includes controlling access to money, restricting employment, or exploiting financial dependence.
Behaviour causing fear for safety
This includes stalking, harassment, or any conduct that creates a reasonable fear of harm or safety risk.
Family violence also includes behaviour directed at children who are exposed to family violence.
What is an Intervention Order?
An intervention order is a court order designed to protect a person from harm or the threat of harm by placing restrictions on another person (the respondent).
There are three main types of orders in Victoria:
Family Violence Safety Notices (FVSNs)
These are emergency orders issued by police to provide immediate protection before a court hearing.
Family Violence Intervention Orders (FVIOs)
These are long-term court orders designed to protect a person from a family member or intimate partner.
Personal Safety Intervention Orders (PSIOs)
These apply where the parties are not in a family relationship, such as neighbours, colleagues, or strangers.
How to Apply for an Intervention Order
The process for obtaining an intervention order generally involves the following steps:
Filing an application
An application is made to the Magistrates’ Court either by police or a protected person.
Interim intervention order
In urgent situations, the Court may issue an interim order to provide immediate protection.
Court hearing
A Magistrate will consider evidence from both parties before deciding whether to make a final order.
Final intervention order
If granted, the Court will impose conditions designed to protect the applicant from further harm.
Legal representation is strongly recommended in intervention order proceedings to ensure evidence is properly presented and rights are protected.
Conditions of an Intervention Order
Intervention orders contain conditions tailored to the specific risk and circumstances of the case.
Common conditions include:
No contact conditions
Prohibiting contact in person, by phone, text, email, or social media.
Exclusion zones
Requiring the respondent to stay away from the protected person’s home, workplace, or other specified locations.
Weapons restrictions
Requiring surrender of firearms or weapons.
A respondent to a final FVIO becomes a prohibited person under the Firearms Act 1996 (Vic) for the duration of the order and for five years after its expiry.
Intervention orders may also impact a person’s Working with Children Check and immigration status.
Defences to Intervention Orders
A person responding to an intervention order may contest the application.
Common defences include:
Lack of evidence
Arguing that the allegations are unsubstantiated or not supported by sufficient proof.
False allegations or mistaken identity
Challenging inconsistencies or suggesting the allegations are inaccurate or misleading.
Procedural issues
Arguing that the application or court process contains legal or procedural defects.
Legal advice is critical to properly assess and respond to intervention order applications.
Breaching an Intervention Order
Breaching an intervention order is a serious criminal offence in Victoria.
Consequences may include:
Criminal charges
A breach may result in fines, imprisonment, and a criminal record.
Increased penalties
Repeated or serious breaches can result in more severe sentencing outcomes, including custodial sentences.
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 & Galbally 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 navigate the legal system and achieve the best possible outcomes.
Conclusion
Family violence law in Victoria is governed by a complex legal framework designed to protect individuals from harm while balancing legal rights.
Intervention orders can have serious legal and personal consequences, including restrictions on contact, firearms prohibitions, and potential criminal liability for breaches.
If you are involved in an intervention order matter, it is important to seek advice from experienced criminal lawyers in Melbourne as early as possible to understand your rights and legal options.
Speak to a Criminal Lawyer in Melbourne
If you are dealing with a family violence matter or an intervention order application, it is important to seek legal advice as early as possible. Early guidance can significantly impact the outcome of your case and help you understand your rights and obligations.
Contact Stary Norton Halphen & Galbally today on (03) 8622 8200 to speak with an experienced criminal lawyer in Melbourne.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.