Intervention Orders — How a Lawyer Can Help You
At Rebecca Burdon Legal & Consulting, our team knows that an intervention order can be a complicated and often emotional matter to deal with. Securing the right legal support will ensure a smooth and straightforward process in achieving your desired outcome. If you are applying for or have been served an intervention order, seeing a lawyer is the first step you should take to understand your rights and obligations.
What is an IVO?
An intervention order aims to provide a person (referred to in this instance as either the affected family member or the protected person), their children, and their property with protection from another person (referred to in this instance as the respondent) who is using violence, threats, family violence, or prohibited behaviour against them.
An intervention order is a civil matter. However, if the conditions of the order are broken, it will then become a criminal matter.
There are two types of intervention orders that can be made in the Victorian Magistrates’ Court. These orders are:
-
Family Violence Intervention Order (FVIO)
-
Personal Safety Intervention Order (PSIO)
Family Violence Intervention Order
A family violence intervention order (FVIO) is a legally enforceable order issued by a court under the Family Violence Protection Act 2008 (Vic). This order aims to stop a respondent from using family violence against a relative, partner, ex-partner, or any other person treated like family, such as a carer or guardian. Family violence can be overt, physical, mental, financial, or inadvertent in nature and broadly defined. This is why it is a priority that you seek the advice of an experienced intervention order lawyer such as Rebecca Burdon Legal & Consulting.
Personal Safety Intervention Order
A Personal Safety Intervention Order (PSIO) differs from an FVIO as the protected person is not a family member. As with an FVIO, a PSIO is a legally enforceable order that contains conditions that determine how a respondent can behave towards the protected person, their children, and their property. Parties involved in these disputes often relate to neighbours, work or school colleagues.
What Kind of Conditions Can Be Included in an IVO?
An IVO application will list conditions that the affected family member/protected person can choose to include in the intervention order. Depending on which conditions they choose, the respondent may be required by law to stop any of the following behaviours:
​
-
damaging the affected family member or protected person’s property, including anything that is jointly owned by them, such as pets;
-
contacting or communicating with the affected family member or protected person in any way;
-
going to, staying with, or staying near the affected family member or protected person
-
publishing any material about the affected family member or protected person online via social media, email, etc.
-
keeping tabs on the protected affected family member or protected person’s whereabouts, following them, or keeping them under surveillance
-
getting another person to do anything they are prohibited from doing under the conditions of the order.
In addition to these conditions, a Magistrate can make other orders upon request or if the law requires them to. These orders might involve prohibiting a respondent from possessing firearms, suspending or cancelling a firearms licence or ordering the return of personal property.
Applying for an Intervention Order
An application for an intervention order can be made at any Melbourne or regional Victorian Magistrates’ Court. An affected person can either apply for an intervention order online or in person at their nearest Magistrates’ Court. In some circumstances where an affected person is unable or unwilling to apply, the police can make an intervention order application on their behalf.
How Long Does it Take for an Intervention Order to Be Served?
Once an application for an order has been filed with the court, a first court date called a ‘mention hearing’ will be set, typically within a few weeks or months from the day of filing the initial application. The court will provide the police with copies of the application and summons, along with any interim orders. All interim orders must be followed in the lead-up to the first court date.
Once the police have received this information, they will locate the respondent and serve them with copies. The time it takes to complete this process can vary depending on how easy it is for the police to find the respondent.
Responding to an Intervention Order
Once a respondent has been served with an intervention order, there are a few different ways they can respond. First, they can agree to the conditions of the order without admitting to the allegations made against them in the application. This is called consent without admission. They can either agree to the order in its entirety or agree to the order if certain conditions are amended or removed.
A respondent and applicant, by agreement, can also engage in mediation in an attempt to find some common ground between them and/or a way to move forward. This could be a condition in the order. A respondent also has the option to contest the intervention order application. This requires both the applicant and respondent to appear before a Magistrate for a contested hearing and present evidence in court.
Finally, a respondent may offer to enter an undertaking as an alternative to an intervention order. An undertaking is a written promise to the applicant and the court that the respondent will abide by certain conditions. If the applicant agrees, the application for an intervention order will be withdrawn.
Unlike an intervention order, an undertaking is not court-ordered and can not be enforced by the court. Breaking the rules of an undertaking will not result in criminal charges unless the respondent also breaks the law. It will, however, mean the applicant can reinstate or recommence their intervention order application process without having to go through the initial application stage all over again. A respondent may be served a new court summons to appear in this instance.
Getting Support
While applying for or being served an intervention order can be a stressful process, there are a number of support services out there that can help you through it. To ensure you can access the resources you need, we have compiled a list of intervention order support services throughout Victoria. Whatever your age, gender, sexual orientation, cultural background, or religion, there are a number of services out there that can provide the support and advice you’re looking for.
When to Seek Legal Advice
​It is important that you seek legal advice as soon as you begin your intervention order application process or the moment you become aware of any IVO proceedings. Getting advice and a clear understanding of your rights and options, particularly when there are children involved, will put you in the best position for your future.
Whether you’re the affected family member, protected person, or the respondent of an intervention order, the lawyers at Rebecca Burdon Legal & Consulting can help. Our team can provide professional advice and guidance through the entire IVO process to help you stay well-prepared and get the support you need.