Family Violence Intervention Orders are often made in the context of a couple separating, either before, during or after family law proceedings have started. Intervention Order Law and Family Law are two separate areas of law, but there is often a lot of overlap between the two areas of law. At Aston Legal Group, our team of Intervention Order Lawyers specialise in both areas to ensure you only have one firm to deal with and your interests are protected in both areas.
Intervention Orders are dealt with by the state – this is why you will often hear or see them referred to “AVOs” or “Apprehended Violence Orders” in New South Wales, “Restraining Orders” in Western Australia, “Protection Orders” in Queensland and other names elsewhere. In Victoria, there are two categories of Intervention Orders – Family Violence Intervention Orders (or FVIOs) and Personal Safety Intervention Orders (or PSIOs) depending on whether or not the people involved are family members. This means that Intervention Orders are dealt with by the Magistrates’ Court of Victoria, and are governed by state legislation such as the Family Violence Protection Act 2008. Family Law, however, is governed by the Family Law Act 1975 and is largely the same Australia-wide. This means that Family Law is dealt with by federal courts, such as the Family Court of Australia or the Federal Circuit Court.
This can lead to some complications, as a Magistrate making an Intervention Order and a Judge making a Family Law Order are in different courts, with different rules of evidence and different goals.
The Magistrates’ Court can also make orders in relation to personal property as part of Intervention Order proceedings. In a case where these orders contradict Family Law Orders about that property, the Family Law Orders prevail.
If you would like advice in relation to intervention orders, contact us on (03) 8391 8411 to book a free 30-minute consultation with us to discuss what steps you should take next.