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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.
If you are thinking about separation, it can help to get the right advice early on. It is always a good idea to speak with a lawyer before separation so that you can understand what to expect during the process and make informed decisions about your children and assets. As well as providing legal advice about your rights and obligations, our lawyers at Mornington Family Lawyers can also refer you to separation counselling or mediation services for further emotional support during separation. Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues regarding parenting arrangements.
FAMILY LAW ADVICE
You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Mornington Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters.
To get help resolving your matter, call us on 8391 8411 or complete our contact form for an obligation free discussion.
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INFORMATION ABOUT PROPERTY AND FINANCIAL SETTLEMENTS
What is an 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, and 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.
What should I do if I receive an Intervention Order?
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.
Can I apply for an 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. The same process applies for a PSIO as that to a FVIO.
Can I have a lawyer appear on my behalf for an Intervention Order?
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.
What happens if I am charged with breaching an 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 fine, good behaviour bond, prison sentence or other penalties it deems appropriate. It is best to seek legal advice prior to your hearing date.