Case Study:
Application for an Intervention Order

Court Date

July 2022

Court Location

Moorabbin Magistrates’ Court

Facts

Our client was the Affected Family Member in the proceedings.

A complaint was made to Victoria Police by our client, after her partner had made threats to harm her and the children. A threat was also made by our client’s former partner, that he would attend our client’s home and potentially destroy property, including the deletion of data from our client’s laptop. An Application for an Intervention Order was made by Victoria Police under the Family Violence Protection Act and an Interim Intervention Order under Section 53 of the Act, was made against our client’s former partner, naming both our client and her children as the Protected Persons.

Within the first month that the interim IVO was in place, the Husband breached the conditions of the IVO on multiple occasions, including contacting our client by telephone, and contacting our client’s family in an attempt to have the Intervention Order Application withdrawn. Our client reported these breaches to the Police and made a statement in relation to same. The Police did not conduct further investigations in relation to the breach reported by our client and no charges were made.

After the Interim Intervention Order hade been in place for over 7 months, our client contacted our office to act on her behalf as the Affected Family Member. The Interim Intervention Order was likely to expire at the next hearing given that Victoria Police had advised her that their intention was to withdraw their Application for an Intervention Order on her behalf. Their assessment was made on the basis that that they did not consider there was an ongoing risk of harm to our client or the children and due to ongoing family law proceedings, the parties should seek orders in the Federal Circuit and Family Court of Australia to deal with the parenting aspects of their separation.

Our client was concerned that there would be risk of harm for her and the children if the Interim IVO was removed. Our client reported that at a recent changeover, when our client collected the children, the Husband followed our client in his car for approximately 5 minutes. Our client was concerned that the Husband was continuing to attempt to intimidate her and place her under surveillance. Regardless, Victoria Police were not prepared to reconsider their position.

How the Case Resolved

It was clear from discussions with the Police that they did not intend to continue their Intervention Order application against the Husband. We therefore intervened in the proceedings on behalf of the Affected Family Member and sought at the Hearing that our client be at liberty to pursue the Police application, rather than having the Police Application withdrawn and our client having to commence proceedings afresh.

Continuing with the current Police Application for an Intervention Order would ensure that our client would have an Interim Intervention Order and ensure her ongoing protection, by extending the Intervention Order in place. In the instance that Victoria Police were successful in their application to withdraw, there would be no Interim Intervention Order in place, and our client would need to go through the cost and delay of filing a new application for an Intervention Order.

Submissions were made on behalf of our client that ongoing risk existed which necessitated her being able to seek that an Intervention Order was required in the circumstances. We demonstrated the ongoing risk through detailing the Husband’s following our client, which is not the ordinary course which he drives after changeover.

Outcome Achieved

The Court allowed our client to pursue the Police Application, and the Interim Intervention Order was extended to the next hearing date. Both our client and the Husband were required to file further and better particulars in relation to the allegations of family violence. Our client did not have to make a new application for an Intervention Order and was assured that there would be a protective Order until such time that ultimately a determination could be made with respect the substantive application.