Intervention Order Lawyer

[Kate Felicity]

Intervention orders are court-enforceable restrictions against people who threaten your safety, such as restricting them from assaulting or harassing you. Conditions in these orders could include stopping them from assaulting or harassing you further.

Intervention order lawyers from our firm are adept at handling these matters whether you are the Applicant, Respondent or Affected Family Member. Usually the process includes mention hearings, directions hearings and contested hearings.
What is an intervention order?

Intervention Orders, previously known as Restraining Orders, are legal documents which serve to protect people from abusive behaviors. Intervention orders provide vital relief for anyone experiencing violence or intimidation and help regain control over their situation. They may also prevent one person from harassing or stalking another individual and can include directions prohibiting contact between people, vehicles and locations. Applications for intervention orders can be submitted either to police authorities or through affected family members of protected people on an interim basis, but will only become permanent orders once approved by a magistrate at a final contested hearing hearing.

Whoever has experienced abuse may request an Intervention Order as protection for themselves and their children or other family members. At their hearing with assistance from an Intervention Order Lawyer they can present evidence and give a statement before the magistrate decides if and for how long an Intervention Order should last.

Family Violence Intervention Orders (FVIO) and Personal Safety Intervention Orders (PSIO). A FVIO provides protection from domestic violence, and may be filed against your spouse, partner or ex-partner; while PSIOs can be filed against non-family members such as neighbors, work colleagues or acquaintances that make you feel unsafe.

Once an intervention order is issued by a court, it must be served on all respondents who must abide by all its terms and conditions as specified by it. Failure to do so constitutes a criminal offense that can result in heavy fines or imprisonment for those found violating it. Should someone breach an intervention order without notice being given beforehand to law enforcement. In such an instance they will investigate thoroughly before taking further steps against those responsible.

There are a multitude of variables that could alter the outcome of an intervention order application and it is crucial that legal advice from a criminal law firm like James Dowsley & Associates be sought as soon as possible in this process. Our team offers full commitment and expertise for each case they work on at James Dowsley & Associates.
How do I apply for an intervention order?

An intervention order is a legal document designed to offer protection from abuse or threats of violence or abuse, prohibiting those responsible from communicating directly with those protected and restricting them from coming within certain distance of their homes or places of work. Breaking an intervention order is illegal according to state law, and applications for them can be submitted either by affected family members (often victims) or police. Although the application process can be daunting and emotional, seeking legal advice and support in advance will ensure your application covers all relevant areas and is filed correctly. Furthermore, everyone involved - such as protected people and court staff - should be treated with dignity during this process.

An affected family member can seek an intervention order in any Magistrates Court in Victoria. When applying, they will be interviewed by a registrar who will ask about what has occurred and why it causes concern; providing detailed information including dates, times and places is vital; witnesses testifying regarding what has transpired is also very beneficial in providing testimony as to what has caused concern in regards to what has taken place can provide additional perspective and assistance when providing testimony about what caused harm in a court proceedings.

Registrars have extensive experience helping individuals who require intervention orders. They will assist you with filling out the necessary forms and will explain what will occur in the near future. In addition, the registrar will investigate if there is any supporting evidence - for instance a diary, email or text messages which demonstrate your need.

Once the registrar has reviewed your application and granted an interim or "short term" intervention order, they will decide if an order should be placed until your contested hearing date. If granted, such orders would last only until then.

If the registrar decides not to make an order, they will notify you. In that instance, they will set a date and time for your contested hearing.

At a contested hearing, a magistrate will make their determination on whether and the terms of any orders they issue based on all information gathered such as witness testimony and documents you provided them with. They also take into consideration any length of time the order should apply (ie: 12 months, two years etc).
What are the conditions of an intervention order?

An intervention order includes various conditions intended to safeguard its victim. This could range from prohibiting the respondent from making contact with affected family members, or publishing or sharing intimate photographs or videos of family members without their permission, to not publishing intimate photographs or videos of said family members without prior consent from both parties involved. These conditions will vary according to each case - it's essential that legal advice be sought as quickly as possible in order to understand both its terms and broader ramifications of an intervention order.

An intervention order application may be filed by either the police, someone affected by family violence directly or their representative. An application for such an order should provide detailed evidence of abuse or threats made against that individual; this evidence might include witness testimonies from professionals, friends or family as well as personal statements by themself and personal statements by themself.

At a contested hearing, the court will hear evidence and decide if an Interim or Final Intervention Order should be granted. If granted by a Magistrates Court, any Final Intervention Order granted must be served upon defendant within days - though its exact timing can differ greatly depending on circumstances.

Once an intervention order has been issued, its terms must be obeyed until either modified by the court or lifted altogether. Failure to abide by an intervention order constitutes a criminal offence with serious repercussions.

When accused of violating an intervention order, legal representation can provide invaluable insights into its wider repercussions - for instance how breaching could affect employment and travel plans.

If someone breaches an intervention order, police will arrest and charge them with criminal misconduct - with penalties that may include imprisonment. They will likely need to appear before a court and their conduct could even be recorded onto their criminal record, with lasting repercussions.

As the defendant in an intervention order case, it's vital that you arrive prepared. Early legal advice will allow you to begin gathering evidence and documents that support your position; your lawyer can also offer advice about which pieces will help support your defense case and give guidance as to which kind of evidence may be useful for the hearing process. Mediation or counselling sessions could also be beneficial to demonstrate to the court that steps have been taken towards addressing issues that led to an intervention order being issued against you.
What if I breach an intervention order?

Breaching an intervention order constitutes a criminal offence and will usually be prosecuted in Magistrates Court; in certain circumstances this case could also go to higher court. Violating its conditions can have severe repercussions, including jail time or the potential of your target (ie victim) applying for a violence restraining order against you.

The Crimes (Family Violence) Act 1987 (Vic) established intervention orders as one of many legal mechanisms available to courts when dealing with family violence. This Act implemented many of the recommendations made by a Sub-Committee of the Victorian Law Reform Commission which issued a report for public comment in 1983 entitled Criminal Assault in the Home: Social and Legal Responses.

Intervention orders are hybrid civil/criminal orders created to address intimate partner violence which rarely makes its way to police reports. Intervention orders offer a quick, cost-effective solution that doesn't require proof of actual wrongdoing; rather, they are issued on the basis of balance of probabilities. Breaching an intervention order, however, constitutes criminal conduct carrying significant penalties including up to two-year jail sentences for violations.

An intervention order can prohibit various activities, such as attending particular locations, communicating with specified people and possessing certain items. The nature and circumstances under which the order was granted will dictate which restrictions apply. A common condition imposed is restricting firearm possession - either prohibiting its ownership, possession, carry or use; or surrendering existing licences/permits that authorize this possession.