Everything You Need to Know About Intervention Orders in Victoria

An Intervention Order (IVO) is a legally enforceable order to protect individuals from harm or harassment. Often sought in cases of family violence, stalking, or any other form of abusive behaviour, providing immediate protection and offering legal recourse for the victim. In Australia, intervention orders can be issued by the court to prohibit a respondent from engaging in specific harmful actions, including physical, verbal, or emotional abuse.

What Is an Intervention Order?

At its core, an IVO is a legal document that prohibits a person from acting in certain ways that harm or threaten another individual. The primary goal is to prevent further harm and offer safety to the protected person. If you find yourself in a situation where you need legal protection, it is crucial to understand the nuances of an intervention order, the process of applying for one, and what happens if the order is breached.

Types of Intervention Orders

There are typically two types of intervention orders available in Victoria: Family Violence Intervention Orders (FVIVOs) and Personal Safety Intervention Orders (PSIOs). Family violence orders are often issued in cases of family violence, while PSIOs can be applied in situations involving harassment, intimidation, or stalking that do not necessarily involve domestic or familial relationships.

Why You Might Need an Intervention Order

If you are experiencing physical or emotional abuse, fear for your safety, or need to stop another person from contacting you, applying for an intervention order may be your first step. These orders can provide a sense of security and legal protection. They also offer a structured legal response to situations that may not be immediately life-threatening but still cause significant harm.

An intervention order can restrict the respondent’s contact with the protected person, including restricting them from their home, workplace, or preventing them from communicating through any means, such as phone calls or social media.

How an Intervention Order Works

An IVO can be temporary or permanent, depending on the circumstances. The court may issue an interim order immediately after a hearing or may schedule a more formal hearing to determine whether an order should be made. If you are considering seeking an IVO, it's advisable to consult an experienced intervention order lawyer to ensure your application meets the necessary legal requirements.

The Application Process for an Intervention Order 

Applying for an intervention order involves several key steps, understanding the process can help alleviate some of the stress and uncertainty associated with legal proceedings. While the exact process will vary slightly depending on your location in Australia, the following steps generally outline what you can expect when applying for an intervention order.

Step 1: Filing an Application

The first step in obtaining an intervention order is to file an application with the court. This can be done by the applicant directly or via the police. If the situation involves immediate danger, the police may apply for the order on your behalf or issue a Family Violence Safety Notice to provide urgent protection.

Step 2:  Ex Parte Hearing (Urgent Interim Order)

In cases where immediate protection is necessary, the court may hold an ex parte hearing, which means the hearing takes place without the respondent present. At this hearing, the court considers the applicant’s evidence and can grant an interim intervention order to provide urgent protection until a full hearing can be held. The interim order is then served on the respondent, usually by the police.

Step 3: First Mention Hearing

Following the interim order, a first mention will be listed. This gives the respondent the opportunity to appear and indicate to the court how they intend on responding to the allegations against them. At this stage they can accept the allegations and an order being made against them, negotiate their position or elect to oppose the application altogether.

Step 4: The Court's Decision

A full hearing or contested hearing will be scheduled, once the parties have exhausted their negotiations and they have filed their Further and Better Particulars with the court after a Directions Hearing. At the contest, both parties—the applicant and the respondent—have the opportunity to present their cases. The court considers all evidence, including witness evidence and documents. The applicant must demonstrate they have been the victim of family violence and are likely to be again in the future.

Step 5: Enforcement of the Order

Once an intervention order is made, it is legally enforceable. If the respondent breaches any of the conditions outlined in the order, they may face criminal charges. In such cases, it’s essential to inform the police, who will take appropriate action to respond to any non-compliance with the court’s order.

If you are unsure about the process or need assistance in filing your application, consulting with an experienced intervention order lawyer can provide you with the guidance and legal support you need.

Intervention Order Conditions

When an intervention order is issued, it comes with specific conditions that the respondent must follow. These conditions are designed to ensure the safety and well-being of the applicant. The conditions may vary depending on the nature of the situation, but the primary goal is to prevent further harm and provide the necessary protection for the individual seeking the order.

Common Conditions Imposed in Intervention Orders 

The conditions of an intervention order can be tailored to the specific circumstances of the case. Some of the most common conditions include:

• No Contact Condition: The respondent may be prohibited from contacting the applicant directly or indirectly. This includes restrictions on phone calls, text messages, emails, or any form of social media contact. In some cases, the order may extend to indirect contact through third parties.

  
  

• Exclusion from Property: If the applicant shares a home with the respondent, the court may order that the respondent vacates the property. This is particularly common in domestic violence cases where the safety of the applicant is at risk. The respondent may also be prohibited from attending the applicant’s workplace or other locations that are crucial to their daily life.

  
  

• Prohibitions on distance: The respondent may be prohibited from coming within a certain distance of the applicant or their family members. This is particularly common in cases of stalking or harassment where the respondent has repeatedly approached or followed the applicant.

  
  

• Surrender of Firearms: If the respondent has registered firearms or a firearms license, they may be required to surrender them to the police and then noted as a prohibited person. This condition is often imposed in cases where the respondent has been violent or has used threats involving weapons.

  
  

• Restrictions on Alcohol or Drug Use: In some cases, the court may impose a condition that prohibits the respondent from consuming alcohol or drugs when in contact with the other party, particularly in situations where substance abuse has been a contributing factor in the prohibited behaviours.

  
  

Duration of Intervention Orders

The duration of an intervention order can also vary. In most cases, an order will be made on an interim basis until a final determination is made. Once a final order is made, it may be for a fixed period or indefinite. Therefore, the order will remain in effect for as long as it is required, unless any of the parties successfully apply to have the order revoked or varied.

Breach of Intervention Orders

If the respondent breaches any of the conditions of the intervention order, they can face criminal charges. This can result in penalties such as fines, imprisonment, or both. It’s important to take any breaches seriously, and if you are the protected person, you should contact the police immediately if the conditions of an order are violated.

By understanding the conditions attached to an intervention order, both the applicant and the respondent can ensure compliance and avoid potential legal complications. If you need assistance navigating these conditions, seeking advice from an intervention order lawyer is recommended.

Seek Legal Support for Your Intervention Order Needs

Navigating the complexities of intervention orders can be challenging, especially when it comes to understanding the application process, the conditions imposed, and the possibility of appealing a decision. Whether you are seeking protection or facing an intervention order, professional legal guidance is essential to ensure that your rights are protected and that you fully understand the legal implications of the order.

If you are considering applying for an intervention order, or if you need to appeal an existing order, contact our expert intervention order lawyers today for advice and support tailored to your situation.