Intervention Orders

Intervention Order Lawyers

As specialist criminal lawyers who routinely deal with cases of domestic violence and assaults involving those who have previously worked together or live in the same street, Stary Norton Halphen has, over the years, built up a significant amount of experience in defending and applying for intervention orders on behalf of our clients.

Our knowledgeable staff of legal professionals will provide you with guidance and advice when dealing with intervention orders, whether they arise out of family violence or in the context of personal safety, ensuring you are kept informed and receive the fairest possible outcome.

If you are struggling with a legal issue involving an intervention order or you have been charged with breaching an intervention order, call Stary Norton Halphen at any of our six offices, including our City Office on (03) 8622 8200 or reach us through our online enquiry form. For all After Hours enquiries, call 0407 410 821.

What is an Intervention Order?

Intervention Orders, also known as Personal Safety Orders, Restraining Orders, Apprehended Violence Orders, Family Violence Orders and Domestic Violence Orders are court orders which prohibit a person’s access to and interaction with another person or group of people.

When you are accused of an assault or threatening violence, particularly in a domestic or neighbourhood setting, the police investigating the matter will almost always apply for an intervention order on behalf of the person you are accused of assaulting or threatening.

Intervention orders can also be applied for by the person you are accused of assaulting and can be put in place against you where a Court finds, on the balance of probabilities, that you have assaulted or threatened someone and there is an ongoing threat to the safety of that person.

What Does an Intervention Order Do?

An intervention order will prohibit you from engaging in a number of activities and behaviours. While an intervention order itself is only a civil order, the consequences of breaching an intervention order can result in you being charged with a criminal offence, the penalties for which include immediate imprisonment. It is therefore important that you are aware of your rights and how to defend yourself when an order is applied for against you.

How Do I defend myself against an Intervention Order Application?

When you are the subject of an intervention order application, it is important to be aware of and carefully consider what options are available to you, particularly if there is a chance you will be charged with an offence of violence as a result of the allegation which has led to the application for an Intervention Order.

The potential impact of an intervention order court hearing on a criminal investigation and/or a criminal prosecution against you is something you must consider in order to protect and defend yourself strategically.

At Stary Norton Halphen, we are experienced at dealing with these issues and will assist you in defending yourself in a way that gives you the best opportunity to achieve the best possible outcome, whether you are facing an application for an intervention order, criminal charges, or both.

Should I Apply For An Intervention Order?

As stated above, intervention orders are often sought by the police on behalf of a person who is the alleged victim of a criminal offence such as an assault. However, a person can apply for an intervention order on their own behalf when they are the victim of an offence, multiple offences or ongoing problematic behaviours that are prohibited under the Family Violence Protection Act (2008) or the Personal Safety Intervention Order Act (2010).

There are a number of factors to weigh up before seeking an intervention order against someone, including:

  • Is this a matter which I should report to the police who may then make an application on my behalf?
  • Is this a matter the police have not taken seriously when I have tried to report the matter to them but which I remain concerned about because I fear for my safety?
  • Do I have a lawful basis to get an intervention order against the person who I am thinking of applying for one against?
  • Will an intervention order help me solve my problem or am I better off pursuing different avenues?

Having an experienced lawyer to answer these questions and any others you may have is very important in order to ensure that if you are to make an application for an intervention order, that you are doing so in circumstances where you have an understanding of what your prospects of success are and further, whether an intervention order will help you in achieving your objectives.

Should you decide that applying for an intervention order is the appropriate thing to do having regard to issues you are facing, then call Stary Norton Halphen at any of our six offices, including our City Office on (03) 8622 8200 or reach us through our online enquiry form. For all After Hours enquiries, call 0407 410 821.

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FAQs

What is assault?

As defined by the law, assault is either the application of force to another or causing another to fear / apprehend the use of force. A person does not necessarily have to lay a hand on another person in order to have committed an assault. They only need to have threatened to do so. If the police can prove either of these two things, a person will be charged with a summary assault. Although such a charge is the least serious of all assault charges, it still has a maximum penalty of imprisonment—3 months for summary assault and 6 months for an aggravated summary assault (e.g. where the victim is a female or a weapon has been used to effect the assault or the assault occurs in the company of others).

More serious examples of assault always require the police to prove the actual application of force. Furthermore, they must also prove the alleged victim has suffered an injury or numerous injuries and that you have caused them. In circumstances where the police allege you have assaulted a person and caused them an injury, you will be charged with either or both intentionally causing injury or recklessly causing injury. Should the injuries to the victim be numerous or significant, you may well be charged with either or both of intentionally causing serious injury or recklessly causing serious injury.

Causing injury to another is viewed seriously by the Courts and while the penalties vary significantly depending on what you have been charged with, the circumstances in which the allegations arise and whether or not you have a criminal history, once you are charged with one of these offences, in the absence of a viable defence, you are in most instances at risk of a term of imprisonment. In cases involving serious injury charges, in most instances you are at risk of a term of imprisonment of some length.

How serious is my case?

As violent crime covers a broad spectrum of incidents, the seriousness of your case and any subsequent sentencing will depend on the nature of the offence with which you are charged, any aggravating features of your offence and your level of culpability, with regard to the circumstances of your offending and the extent of your involvement in an offence.

Some important matters our criminal lawyers will help you understand include:

What the specific charge levelled against you is?
If multiple charges have been laid, the difference between those charges and whether you have a defence to one or all of the charges, your prospect of successfully defending one or all of the charges and whether or not it would be prudent of you to make a plea offer to one of the charges you are facing?
Whether there is evidence of the alleged crime—were there any witnesses? CCTV footage? Is there DNA evidence?
If you are amenable to pleading guilty the types of plea material you should obtain and the types of rehabilitative courses and treatement in which you should engage to give yourself the best opportunity of receiving the best possible penalty in the circumstances of your case.

What is an Intervention Order?

Intervention Orders, also known as Personal Safety Orders, Restraining Orders, Apprehended Violence Orders, Family Violence Orders and Domestic Violence Orders are court orders restricting a person’s access to and interaction with another person or group of people.

You can find more information in our dedicated Intervention Orders section.

I’ve been charged with a violent offence—what do I do?

The most important thing to do when charged with any offence is to engage an experienced criminal lawyer as soon as possible so that they are able to provide you with advice as to the process you are facing, how to approach your matter, whether or not you have an arguable defence, the various options available to you and what you can do while your case is progressing through the Courts so as to assist you in bettering your own position.

You can call Stary Norton Halphen at their Melbourne office on 1800 449 550 or reach us through our online enquiry form. For all After Hours enquiries, call 0407 410 821.

Am I likely to go to jail?

Violent crimes are treated very seriously by the courts and serious injury charges can and often do carry significant sentences of imprisonment if you are found guilty. Whether or not you go to jail will often depend on the nature of the charge before the Court and the circumstances of the offence. These matters are often the subject of negotiation with police and prosecutors.

When facing a charge of assault, be it because of a fight in public or an allegation of domestic violence, it is of the utmost importance you engage an experienced law firm who can advise you on your case and inform you of the potential outcomes, negotiate with the police or the office of public prosecutions in a strategic way to benefit you, and advocate and defend you forcefully in Court.

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Advice from a competent and experienced criminal lawyer before you are interviewed can and often does have a meaningful impact on the outcome of your case and in some instances, is the difference between whether or not your matter proceeds to court or not.

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