Intervention orders are Court Orders designed to provide legal protection from harassment, threats, or violence perpetrated by one person on another.. Whether you are a victim seeking protection or a respondent defending your rights, understanding the legal process is key. At Burdon Legal, our experienced criminal lawyers in Melbourne provide the guidance and support needed to navigate these complex legal matters. In this guide, we explain everything you need to know about intervention orders, the application process, and the role of legal representation.
What is an Intervention Order?
An intervention order, sometimes referred to as a restraining order (or apprehended violence order in some states), is issued by a court to protect individuals from further harm. In Victoria, there are two main types of intervention orders:
Family Violence Intervention Orders (FVIOs): Used when there is violence or abuse within a family or domestic relationship.
Personal Safety Intervention Orders (PSIOs): Applicable to non-family relationships, such as neighbours, coworkers, or acquaintances.
It’s essential to understand your legal responsibilities and rights whether you're applying for an order or responding to one.
Who Can Apply for an Intervention Order?
Anyone who feels threatened or at risk of harm can apply for an intervention order. This might be the affected family member or protected person themself or someone acting on behalf of a vulnerable individual, such as a child. If you’re unsure whether an intervention order is the right step for you, Burdon Legal offers expert legal advice, ensuring that your safety and legal rights are protected throughout the process.
Steps to Apply for an Intervention Order
If you you need an intervention order, here’s how the process works in Victoria:
Filing an Application: The first step is to apply at the Magistrates’ Court or directly through your local police station. This application must detail the relationship between the parties and the behaviour that necessitates protection.
Interim Orders: If there is an immediate need for protection, the court may issue an interim order while the case proceeds.
Court Hearing: There may be a series of court hearings. At these hearings, both the applicant and respondent will present their cases, including evidence and witnesses.
Final Order: After hearing the evidence the court will decide whether ongoing protection is necessary, and a final intervention order will be made. This order may be one which prevents individuals from having any contact or communication whatsoever, restrictions on distance or attendance to certain addresses and exceptions which could include contacting only through a lawyer or mediator.
Responding to an Intervention Order
If you have been served with an intervention order, it's critical that you take it seriously. While the order does not imply guilt, and is a civil law matter, it may place certain legal restrictions on you that must be followed. Breaching these restrictions can result in criminal charges. Here’s what to do if you’re a respondent:
Complying with the Order
Regardless of whether the order is interim or final, you must comply with its terms. This could mean avoiding all contact with the applicant or staying away from specific locations. Failure to comply can lead to further legal action including criminal charges and on a finding of guilt, terms of imprisonment of up to two years and very large fines.
Contesting the Order
You have the legal right to contest the order in court. It is highly recommended that you seek legal representation. Burdon Legal’s experienced criminal lawyers in Melbourne can help you prepare a strong defence, ensuring your case is presented effectively at the hearing.
Common Conditions in Intervention Orders
Depending on the nature of the threat, an intervention order may impose several conditions on the respondent. These often include:
No Contact Orders: Prohibiting any form of communication, including phone calls, emails, or social media contact.
Exclusion Zones: Preventing the respondent from visiting specific places such as the applicant’s home, workplace, or children’s school.
Surrender of Firearms: The court may also require the respondent to surrender firearms or any weapons for the duration of the order.
Breaching an Intervention Order: What Happens?
Breaching an intervention order in Victoria is a serious offence. Breaching any conditions—whether intentionally or not—can lead to severe penalties, including criminal charges, fines, or imprisonment. If you’ve breached an intervention order, contact a criminal lawyer immediately to discuss your next steps. At Burdon Legal, we specialise in defending clients against intervention order breaches and other criminal charges.
How a Criminal Lawyer Can Help You
Whether you're applying for an intervention order or defending yourself against one, having the support of a knowledgeable lawyer is essential. Here’s how a criminal lawyer from Burdon Legal can help:
For Applicants:
Legal Guidance: We help you understand whether an intervention order is appropriate and guide you through the application process.
Preparing Your Case: With legal support, you can present a compelling case in court, supported by evidence and witnesses.
Ensuring Safety: If the order is breached, our team can guide you on the next steps to ensure your continued protection.
For Respondents:
Defending Your Rights: If you believe the order is unjust, we can help you contest it in court.
Court Representation: Our skilled lawyers will represent you in hearings, helping to achieve the best possible outcome.
Navigating Legal Complexities: Burdon Legal’s deep understanding of intervention orders and criminal law ensures that your rights are fully protected.
Conclusion: Protect Your Rights and Ensure Your Safety
Intervention orders are designed to offer protection from harm, but they also come with legal obligations. Whether you are an affected person seeking protection or a respondent defending your rights, it is important to fully understand the legal process and your options.
Contact Burdon Legal, our experienced criminal lawyers in Melbourne are here to guide you every step of the way. From applying for intervention orders to defending against them, we provide clear, effective legal solutions tailored to your needs.
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