Intervention Order Lawyers

About Intervention Orders

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Intervention Orders

An Application for an Intervention Order can be made by any person, however the Court process can often be complex. It is important that you have the right advice regarding an Intervention Order to either ensure that your Application will have a higher probability of being successful, or if you are a responding to an Application, that you are fully aware of the legal implications of the Application and any Order made against you. Our lawyers are experienced in dealing with Intervention Orders and can assist with all aspects of the Court process. 

What is an Intervention Order?

What are the types of Intervention Orders?

In Victoria, there are two types of Intervention Orders that can be ordered in the Magistrates’ Court. They are ‘personal safety’ and ‘family violence’ Intervention Order.

  1. Family Violence Intervention Orders (FVIO) which are made by the Family Violence Protection Act 2008: A court order to protect an individual, their children and their property from another family member, partner or ex-partner. Any person who is or has been the victim of physical assault, threats of harm, stalking, intimidation or harassment and has a reasonable belief of fear can apply for a FVIO.

  2. Personal Saftey Intervention Orders (PSIO) which are made by the Personal Safety Intervention Orders Act 2010: A court order to protect an individual, their children or their property from another individual’s behaviour. This may also be known as a Restraining Order or Apprehended Violence Order in other States and Territories. If you have been subjected to assault, harassment, stalking or had your property damaged, you can make an application for a PSIO.

What is Family Violence?

The Family Violence Protection Act 2008 (Victoria) (‘the Act’) gives power to the Victorian Courts to make Intervention Orders to protect an individual (referred to as the Affected Family Member) or several individuals from another individual (referred to as the Respondent). Family Violence is defined by Section 5 of the Act. For the purposes of the Act, family violence is broadly defined as and includes behaviour by a person towards a family member of that person if that behaviour is:

  • Physically or sexually abusive; or
  • Emotionally or psychologically abusive; or
  • Economically abusive; or
  • Threatening, coercive; or
  • Controlling or dominating towards the family member and causes that family member to feel fear for the safety or well-being of that family member or another person.
It also includes any of the above behaviour that causes a child to be present or be exposed to the effects of the behaviour referred to above.

Who is considered a family member?

Family violence can only occur between family members. The legal definition of a ‘family member’ includes domestic partners (e.g. boyfriend, girlfriend, husband, wife, de facto partners) and any person who has an ‘intimate relationship’ with the relevant person. It also includes a person’s immediate family – such as a partner, parent, or child – as well as siblings, aunties/uncles, and extended relatives. In some cultures, a ‘family member’ can include people with no genetic link to you, and the court can decide whether someone is family for the purposes of an intervention order. The law can also protect a person from anyone who was a family member in the past.

If someone is harassing, controlling, or stalking you but they have not had an intimate relationship with you and are not related to you, then the Family Violence Protection Act will not apply. Instead, a ‘Personal Safety Intervention Order’ should be considered.

What are the conditions of an Intervention Order?

Some examples of the conditions that a Court may include in an Interim or Final Intervention Order are that a Respondent must not:

  1. Commit family violence against an affected person;
  2. Intentionally damage any property of a protected person;
  3. Attempt to locate or follow an affected person;
  4. Publish on the internet any material about an affected person;
  5. Contact or communicate with an affected person by any means; and/or
  6. Go within a specified distance of where an affected person lives, works or attends school.

There are a number of exceptions to the above conditions that may be ordered by the Court, for example communication might be permitted but only by SMS or email on the basis that no family violence is committed. The exceptions can help parties to resolve their parenting or property issues.