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Intervention Order Lawyers in Victoria

As a specialist criminal law firm based in Geelong, we specialise in handling Intervention Order cases throughout Victoria. Our experienced lawyers can represent both Applicants seeking protection and Respondents contesting orders. We’re committed to providing personalised, strategic legal advice to navigate the complexities of Intervention Order proceedings effectively.

We regularly appear in the Geelong, Ballarat, Colac, Bacchus Marsh, Warrnambool, and Melbourne Courts.

Our Experience with Intervention Orders

Intervention Orders, (unofficially known as restraining orders), serve to protect individuals from harm or perceived harm from specific individuals.

A Family Violence Intervention Order applies to parties who are family members, such as siblings, step-parents, domestic partners or ex-partners. A Personal Safety Intervention Order applies to parties who are not related, such as work colleagues or neighbours.

The Intervention Order specialists at Geelong Lawyers possess significant expertise in both securing and contesting these orders across Victoria. 

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We are here for you

If you are the Applicant of an Intervention Order

We regularly assist Applicants in applying for both Family Violence Intervention Orders (FVIO) and Personal Safety Intervention Orders (PSIO).

Our expertise extends to dealing with family violence which can encompass physical, sexual, mental, emotional, coercive or controlling behaviour, as well as financial abuse and stalking.

We offer legal assistance and representation for FVIO and PSIO matters.

We can advise you, negotiate on your behalf and appear for you in Court. We are well equipped to deliver intervention order services including:

  • Filing an application for an Intervention Order
  • Attending mention hearings, direction hearings and contested hearings in relation to Intervention Order proceedings
  • Preparing Court documents and evidence for Court hearings such as Further and Better Particulars
  • Negotiating conditions included in Intervention Orders

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If you are the Respondent to an Intervention Order

If you are the Respondent of an Intervention Order, our team is equipped to assist you, aiming for a swift resolution of the dispute. We can represent you during the Mention, Directions Hearing, and, if required, the Contested Hearing where witnesses can be called to give evidence and be cross-examined before a Magistrate.

As a Respondent to an Intervention Order, we can advise you of the conditions of any current Order and what you may be prohibited from doing until the matter is finalised.

Our experienced team of lawyers will inform you about your options, negotiate on your behalf and provide guidance throughout this process. We understand this can be a very stressful experience and we will assist you to resolve your matter as soon as possible.

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FAQs

An Intervention Order (IVO) can help protect Affected Family Members (AFMs) and Protected Persons (PPs), from a Respondent committing prohibited behaviour. 

An Intervention Order may have conditions to stop the Respondent from harassing, threatening, or intimidating you, being near your house or place of work, contacting you in any way, or damaging your property.

There are two types of Intervention Orders:

  1. A Family Violence Intervention Order (FVIO) helps to protect an AFM from a Respondent who is a current or former family member.
  2. A Personal Safety Intervention Order (PSIO) helps to Protect a Protected Person from someone who is not a family member (eg a neighbour).

You can apply for an Intervention Order at any Magistrates’ Court in Victoria. In some cases the police may be involved. An Intervention Order is a Court Order made by a Magistrate. It can help protect you and your family from anyone who is violent or makes you feel unsafe.

It is recommended that you seek legal advice when applying for an Intervention Order. Intervention Order lawyers can help you understand the complexities of the application process, ensuring you fill out forms correctly and provide the necessary information and evidence to support your case.

Our team of experienced lawyers can advise you on the full range of options available to you. This is crucial in ensuring the Intervention Order fully addresses your safety concerns, especially in cases involving family violence. If the situation involves complex legal issues, such as custody of children, property matters, or if the Respondent has their own legal representation, having a lawyer can be invaluable. Our team understands that the process of applying for an Intervention Order can be emotionally challenging and will be there to support you.

If you are the Respondent of an Intervention Order, you have the following options. You can:

  • agree to an Intervention Order being made, without admitting to the allegations
  • agree to an Undertaking instead of an order being made, if negotiated with the other party
  • disagree with the the order and contest the application.

If you do not agree with the application, you must go to the court hearing. To contest an Intervention Order, you need to follow these steps:

  1. Attend the First Hearing: When you are served with an Intervention Order, you’ll be given a court date. Attend this hearing, where you’ll have the opportunity to agree with or contest the order. This is called the First Mention.
  2. Indicate Your Decision: At the hearing, inform the Magistrate if you wish to contest the Intervention Order. If you contest, the court may set a date for a Directions Hearing.
  3. Prepare Your Case: Gather evidence and prepare your documentation. This can include any communications, witnesses, or other relevant information that supports your position.  The Court often requires parties to prepare and file Further and Better Particulars.  It is advisable to have an Intervention Order lawyer prepare these for you.
  4. Attend the Contested Hearing: At the Contested Hearing, both you and the Applicant will present your evidence and arguments. The Magistrate will then make a decision based on the evidence presented.

Intervention Orders have serious personal and legal consequences. Seeking legal advice before contesting an Intervention Order is crucial because it ensures you understand your rights, the legal implications of the order, and the best strategy for your matter. 

Geelong Lawyers aims to help you understand your options, protect your rights, and endeavour to resolve the dispute in a manner that leads to the most favourable outcome in your case.

Violating the conditions of an Intervention Order is known as a breach. This often leads to police laying criminal charges. Courts take breaches very seriously. Penalties may include imprisonment or fines. Breaching an Intervention Order may result in a criminal conviction.

The Affected Family Member or Protected Person cannot give a Respondent permission to breach an IVO.

If you’re accused of breaching an Order, it’s crucial to seek legal advice. Police can arrest and charge individuals for not adhering to the conditions of an Intervention Order in addition to other offences (such as assault or property damage). 

Given the seriousness with which the court regards family violence and breaches, securing legal representation for your court appearance is essential to ensure you get the best possible result.

Further and Better Particulars are submitted by the Applicant of the Intervention Order. They are detailed explanations requested by the Magistrates’ Court, describing the behaviours experienced and why the Applicant believes an Intervention Order is required. 

The Respondent will receive a copy of this document and may issue a Response to Further and Better Particulars. The Magistrate will review both the Further and Better Particulars the Respondent’s response.

You will be instructed by the Court on when to submit these documents. It’s crucial to include as much relevant evidence in your submission, including a timeline of incidents, copies of communication and a list of witnesses. 

A lawyer can draft your Further and Better Particulars or your Response to Further and Better Particulars.  Our specialist Intervention Order lawyers will ensure that your documents address the relevant legislation and include the necessary supporting information. As you are going through something difficult, your lawyer can provide clarity and guidance in this step. Their expertise aids in presenting evidence in a concise manner.

Intervention Orders are called by different names in different states.

Victoria uses the term Intervention Order (IVO), which includes Family Violence Intervention Orders (FVIOs) for related parties or those in current or former domestic relationships.

In Victoria, Personal Safety Intervention Orders (PSIOs) are for issues involving non-family members. New South Wales refers to similar orders as Apprehended Violence Orders (AVOs).

No, a protected person or an affected family member cannot breach an Intervention Order in Victoria. Breaching an Intervention Order can only be committed by a Respondent.

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