If you have been served with an Intervention Order you should contact us immediately.
We have extensive experience in not only family law, but criminal law and intervention orders, our lawyers have the knowledge to give you the best advice regarding these matters.
Intervention Orders can have serious implications upon family law cases and should be handled by lawyers with expertise in this area. Mornington Family Lawyers can provide representation for all parties in Intervention Order proceedings including Applicants, Respondents, Affected Family Members and Protected Persons.
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FAQ's About Intervention Order
An Intervention Order is a legally enforceable document that aims to provide a person, their children and their property with protection. It is sometimes referred to as a Restraining Order or an AVO. The order will specify conditions that must be adhered to by the respondent.
Depending on the conditions, the law will generally require the respondent to:
- Refrain from certain behaviour;
- Avoid contact or communication with the protected person;
- To maintain a specified distance from the protected person.
In Victoria, there are two types of Intervention Orders that can be ordered in the Magistrates’ Court. They are ‘personal safety’ and ‘family violence’ Intervention Order.
Personal Safety Intervention Order (PSIO) – A court order to protect an individual, their children or their property from another individual’s behaviour. This may also be known as a Restraining Order or Apprehended Violence Order in other States and Territories.
If you have been subjected to assault, harassment, stalking or had your property damaged, you can make an application for a PSIO.
Family Violence Intervention Orders (FVIO) – A court order to protect an individual, their children and their property from another family member, partner or ex-partner.
Any person who is or has been the victim of physical assault, threats of harm, stalking, intimidation or harassment and has a reasonable belief of fear can apply for a FVIO
If an application has been made against you, it is important you read the documents you receive. If it is a FVIO, the person who made it is called the Applicant. This can be your partner, the police, a parent or a guardian. The people who are seeking protection are called affected family members. If the application is made against you, you are the Respondent.
You can contact our lawyers at Mornington Family Lawyers should you wish to discuss the implications of the Intervention Order.
Applying for a FVIO – You can apply for a Family Violence Intervention Order at any Magistrates’ Court in Victoria if you are over 18. If you are between 14 and 18 or applying for your child who is under 18, you can apply for an intervention order at the Children’s Court.
You will need to fill in an application form and provide information about the people included in the application. The form can be obtained from Court or you can download it from the Magistrates’ Court Family Violence Website.
Upon completing the application form, you will be interviewed by the Court Registrar. You may be able to see a Magistrate after the interview with the Registrar for an Interim Order. However, it is likely the Court will be busy and you will have to come back another day.
Applying for a PSIO – The protected person or someone else can apply for an Order.
Police can also apply for personal safety intervention orders when they believe that a person needs protection. This application can also be made despite the affected person’s consent. You will need to fill out an ‘information for application for a personal safety order’ form. Then you have an interview with the Registrar at Court.T
he same process applies for a PSIO as that to a FVIO.
Our Lawyers at Mornington Family Lawyers can appear on your behalf for an Intervention Order. We can appear on behalf of Applicants wishing to apply for an Intervention Order or Respondents looking to defend the Intervention Order or Affected Family Members of the Intervention Order.
You must comply with the conditions of an Intervention Order. Breach of an Intervention Order is a criminal offence and is taken very seriously. The police can arrest and charge you if you breach the conditions of an Intervention Order or commit another kind of offence. Once you are charged, you will need to decide whether to plead guilty or not guilty.
If the Court finds you guilty of a breach, they can impose a:
- Good behaviour bond;
- Prison sentence;
- Or other penalties it deems appropriate.
It is best to seek legal advice prior to your hearing date.