In Victoria, intervention orders can be obtained to protect your safety and wellbeing. Some people also refer to the order as a ‘restraining order’, ‘IVO’ or ‘AVO’. There are two types of intervention orders:
- Family Violence Intervention Orders – this protects you from a family member
- Personal Safety Intervention Order – this protects you from a person who is not a family member
Family Violence Intervention Order
Family violence (also known as domestic violence) covers a range of harmful behaviours that are used to control, threaten, force or dominate a family member. The family violence intervention order (FVIO or intervention order) is made under the Family Violence Protection Act.
If you feel fear or threatened by family members, you are able to take out an intervention order based on:
- Physical Abuse
- Emotional Abuse
- Psychological Abuse
- Sexual Abuse
- Financial Abuse
- Spiritual Abuse
A family member can be:
- Spouse or partner
- Ex partners or spouses
- Relative (ie: grandparent, step-parent, uncle, nieces and nephews etc..)
- Child or teenage son or daughter
The act also describes a family member as a person not related but behaves in a family like manner. You can apply for a family violence intervention order at your local Magistrates’ Court and seek an interim intervention order if you require immediate protection. If you fear for your children’s safety or they are exposed to family violence, you can include them in your application.
Personal Safety Intervention Orders
A personal safety intervention order is an order to protect a person from physical or mental harm caused by someone who is not a family member. This is made by a Magistrate under the Personal Safety Intervention Orders Act.
The order imposes conditions on how the respondent (the person the order is made against) can behave towards the applicant or protected person (the person the order protects).
The respondent must follow the conditions of the order.
Breach of intervention orders
If the court finds the respondent guilty of breaching an intervention order, they may be subject to a:
- prison sentence
- good behaviour bond or other penalty.
The respondent will also have a criminal record.
Responding to an intervention order
If an intervention order is made against you, a summons or safety notice will be served upon you that will tell you the date of your court hearing in relation to the application for an intervention order against you.
You can do one of the following:
- You can agree with the order but disagree with the details of the application. This is also called consent without admission.
- You can disagree with the order. This would lead to a contested hearing.
- You can offer the applicant an undertaking, but the applicant must agree.
We also act for people who have breached intervention orders and are facing police charges.
If your matter relates to family violence intervention orders or personal safety intervention order, we can help you. Contact us via phone or email to speak with our experienced lawyers to obtain advice on your case.
Would you like to know more?Contact our family law team on 1300 424 452 to receive personalised advice about your case.