Intervention Order Lawyers

Intervention Order Lawyer

FVIO When the AFM
Disagrees with the Order

Family Violence Intervention Orders When the Protected Person Disagrees with the Order

Intervention Orders are civil orders that are made to protect an Affected Family Member (or Protected Person) from the Respondent. An Application for an Intervention Order can be made by the Affected Family Member to protect themselves, or the Application for an Intervention Order can be made by Victoria Police, the parent or guardian of a child, or another person.

Application by Affected Family Member

If the Affected Family Member makes their own Application for an Intervention Order and chooses to withdraw it, they can usually do so. However, section 100 of the Family Violence Protection Act 2008 means that when an Affected Family Member applies to revoke the Intervention Order, the Court may, if appropriate, not revoke the order and instead vary the conditions of the Order. The likelihood of an Order being revoked or varied will depend on your specific circumstances.

Application by Victoria Police

Victoria Police can become involved in a family violence matter in several ways. Sometimes they are called to a family violence incident by the parties themselves, or by a neighbour. Other times, Victoria Police become involved when an Affected Family Member makes a statement or someone else raises their concerns about the matter to the Police.

If Victoria Police are concerned for the wellbeing of a person, they may apply for an Intervention Order against the Respondent on that person’s behalf. That person then becomes the Affected Family Member, and Victoria Police are known as the Applicant.

Victoria Police do not need the Affected Family Member’s consent to apply for an Intervention Order. The Police will apply for an Order based on what they think is needed to keep the Affected Family Member Safe.

If the Affected Family Member does not agree with an Intervention Order being made, the Court can only make a ‘limited’ Order. They cannot exclude the Respondent from the home or prohibit the Respondent from contacting the Affected Family Member. The Court can only:

  1. Prohibit the Respondent from committing family violence against the Affected Family Member;
  2. Prohibit the Respondent from getting someone else to do something they cannot do under the Order;
  3. Revoke or suspend weapons exemptions or cancel/suspend the Respondent’s firearms authority.

Invitation to Breach Order

Even if an Affected Family Member disagrees with an Intervention Order or tells the Respondent that they consent to them doing something that breaches an Order, any breach is still a criminal offence. It is the Respondent’s responsibility to comply with the Order, and the Affected Family Member’s actions or invitations are not an excuse. The Affected Family Member cannot breach an Intervention Order, and only the Respondent will be held liable.

The Next Step

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.

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