Intervention Orders Victoria
Table of Contents
Intervention Orders Victoria
There are 2 types of intervention orders that can be ordered in the Magistrates’ Court in Victoria. They are personal safety and family violence intervention orders (FVIO).
You can be charged with a criminal offence if you breach the conditions of an intervention order in Victoria.
Family Violence Intervention Orders
A family violence intervention order is a court order to protect a person, their children and their property from a family member, partner or ex-partner.
Personal Safety Intervention Orders (PSIO)
A personal safety intervention order is a court order to protect a person, their children and their property from another person’s behaviour. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories.
How to appeal a personal safety intervention order in Victoria
You can lodge an appeal against a final order. But there is no right of appeal against an interim personal intervention order in Victoria.
If you disagree with the magistrate’s decision, you can file an appeal. An appeal must be filed within 30 days of the decision.
Appeals can be about:
- The making of your order
- The conditions in the order
- The refusal to make an order
- The refusal to impose certain conditions in an order.
Lodging an appeal does not automatically change or remove the personal safety intervention order. The order will remain in force until the appeal is heard and a decision made.
The appeals process goes like this:
Step 1: Complete and submit a “notice of appeal” form.
Go to the nearest Magistrates’ Court and request a “notice of appeal” form. The notice of appeal form needs to reach the court within 30 days of the decision. You can also fill it in at court and file it on the spot.
Step 2: Wait for the court documents and a hearing date.
The Magistrates’ Court will send you a copy of the application for appeal and the date for the hearing (called the directions hearing).
The police will serve a copy of the documents to the other person, notifying them of the appeal.
The hearing could be at the County Court or the Supreme Court of Victoria.
Will an intervention order affect my job?
An intervention order may affect your job if it stops you from going to certain places, or if you work with or near your family member.
An intervention order may affect licenses to work as a security officer and other occupations where security clearance is required.
You could get a criminal record if you are found guilty of breaking an intervention order. This could make it challenging to get certain types of jobs and travel.
It’s very important to seek legal advice if someone has placed an intervention order against you. Please book an appointment here.
Breaching an intervention order in Victoria
If you break the conditions of an intervention order in Victoria, the police can charge you with a breach. This is a criminal offence.
The court takes breaches of intervention orders very seriously.
If the court finds you guilty, you can be given:
- a prison sentence
- a fine
- a good behaviour bond or other penalty.
You will also have a criminal record.
What happens if you breach an intervention order in Victoria?
Get expert legal advice.
If you are charged, you will need to decide whether to plead guilty or not guilty.
This is a serious offence.
You should have a lawyer for your court hearing. Get legal advice well before the hearing date.
