Intervention Order Victoria
Table of Contents
What is an intervention order in Victoria?
In Victoria, Australia, an Intervention Order is a court order designed to protect a person from another person’s behaviour. This can be because of violence, threats, harassment, property damage, or interference with the person’s peace and quiet.
There are two types of Intervention Orders:
Family Violence Intervention Orders (FVIOs): These are used when the parties are related, have been in a relationship, or are living in the same household. The order is designed to protect a person, their children, and their property from a family member.
Personal Safety Intervention Orders (PSIOs): These are used for non-family matters, such as issues with neighbours, friends, or acquaintances. The order is designed to protect a person and their property from another person’s behaviour.
Both types of orders can include a variety of conditions, such as:
- Prohibiting the respondent (the person the order is against) from committing violence against the protected person.
- Restricting the respondent from contacting or communicating with the protected person.
- Restricting the respondent from coming within a certain distance of the protected person’s home or workplace.
Violating an Intervention Order is a criminal offence. If the respondent breaches any of the conditions in the order, they can be charged and penalised.
If you or someone you know is in immediate danger, it’s important to call the police. For legal advice related to an individual situation, it’s best to consult with a legal professional or a local legal aid service.
Having an intervention order taken out against you is not a crime. It’s a civil matter. But it’s a criminal offence if you breach the conditions of an intervention order in Victoria. You should speak with a criminal lawyer if you breach an IVO.
How to remove an intervention order in Victoria
In Victoria, Australia, both the protected person (the person who applied for the order) and the respondent (the person the order is against) can apply to the court to vary (change) or revoke (cancel) an Intervention Order.
Here are the steps:
Obtain Legal Advice: Before taking any action, it’s important to seek legal advice. A lawyer can guide you through the process and advise you based on your specific circumstances.
Application to Court: You must apply to the Magistrates’ Court that made the order to vary or revoke it. You can find the application form on the Magistrates’ Court of Victoria’s website or at your local court.
Fill Out the Form: Complete the form, providing details on why you want the order to be varied or revoked. If you are the respondent, it will be important to show that there has been a change in circumstances.
Lodge the Form: Submit the form at the court. There may be a fee for lodging the form.
Court Date: After you submit the form, the court will set a date for a hearing.
Attend the Hearing: At the hearing, you’ll need to present your reasons for wanting to change or cancel the order. If you are the respondent, you may need to provide evidence to show why the order is no longer necessary.
Court Decision: The court will consider all the evidence and make a decision. The court can decide to vary the order (change its conditions), revoke the order (cancel it), or leave the order as it is.
Remember, breaching an Intervention Order is a criminal offence, even if you are trying to have it varied or revoked. You must obey the order until the court changes or cancels it. For specific legal advice, it’s best to consult with a legal professional or a local legal aid service.
What happens if you breach an intervention order?
In Victoria, Australia, breaching an Intervention Order is considered a criminal offence. If someone breaches an Intervention Order, there can be serious consequences:
1. Arrest and Charge: If the police believe that a person has breached an Intervention Order, they can arrest that person and charge them with a criminal offence.
2. Court Appearance: After being charged, the person will typically need to appear in court. If they’re found guilty, they can be convicted and penalised.
3. Penalties: The penalties for breaching an Intervention Order can be severe. They can include:
- Fines: The person may be required to pay a significant financial penalty.
- Imprisonment: In more serious cases or repeat offences, the person could be sent to jail.
- Community Service: The court may order the person to complete a certain number of hours of unpaid work in the community.
- Good Behaviour Bond: The court might release the person on the condition of good behaviour for a certain period of time.
The exact penalty will depend on factors such as the severity of the breach, whether the person has breached the order previously, and the person’s criminal history.
4. Criminal Record: A breach of an Intervention Order can result in a criminal record, which can impact many areas of a person’s life, including employment opportunities and travel plans.
It’s important for the person the order is against (the respondent) to understand the conditions of the Intervention Order. If the protected person believes the order has been breached, they should report it to the police. If the situation is urgent or life-threatening, they should call the police immediately.
As always, for specific legal advice, it’s best to consult with a legal professional or a local legal aid service.
You should have a lawyer for your court hearing. Get legal advice well before the hearing date.
What can I do if someone makes a false statement?
If you believe that someone has made a false statement in order to obtain an Intervention Order (IVO) against you in Victoria, Australia, it’s important to take steps to protect your rights. Here’s a general outline of what you could consider doing:
Consult a Lawyer: Seek immediate legal advice. A lawyer can guide you on the best course of action based on your specific circumstances.
Prepare Your Case: Gather any evidence you have that contradicts the false statements. This could include text messages, emails, witness statements, or other forms of evidence. It’s important to present a clear and organized case.
Attend the Court Hearing: It’s crucial to attend all court dates. If you don’t, the court may make a decision in your absence. During the hearing, you’ll have the opportunity to present your case and any evidence you’ve gathered.
Tell Your Side of the Story: At the court hearing, you’ll have the opportunity to tell your side of the story, present your evidence, and cross-examine any witnesses. Be respectful and follow all court rules and procedures.
Perjury: If you believe the other party has lied under oath, you can report it to the police. Lying under oath is a crime known as perjury, which can carry significant penalties. However, it’s typically challenging to prove and is not often pursued unless the lie is very serious and has had significant impacts.
Remember, these are general suggestions. The most important step is to consult a lawyer or legal service as soon as possible. They can provide advice tailored to your specific situation.
Does an intervention order show on a police check?
You don’t get a criminal record if you have an intervention order taken out against you. That’s because it’s a civil matter, not a criminal offence. But, it’s a criminal matter if you break the conditions of the intervention order. You can be charged by the police with a criminal offence. If this happens, you should speak with a criminal lawyer.
What should I do if someone takes an intervention order out against me?
If someone has taken out an Intervention Order (IVO) against you in Victoria, Australia, it’s important to take the situation seriously and understand your rights and responsibilities.
Here are some steps you can take:
Understand the Order: Read the order carefully to understand what you are and aren’t allowed to do. The order may include conditions such as not contacting the protected person, not going within a certain distance of their home or workplace, or not committing certain types of behaviour.
Comply with the Order: It’s crucial to comply with all conditions in the order, even if you disagree with it. Breaching an IVO is a criminal offence and can result in serious penalties, including fines or imprisonment.
Get Legal Advice: Contact a lawyer as soon as possible. They can explain what the order means, advise you on your rights, and help you prepare for the court hearing.
Attend the Court Hearing: You will need to attend a court hearing. At the hearing, you will have the opportunity to tell your side of the story. If you don’t attend, the court may make a decision without you.
Prepare Your Case: Gather any evidence that supports your case. This might include text messages, emails, or witness statements. Your lawyer can help you understand what kind of evidence will be useful.
Consider Mediation or Counselling: In some cases, attending mediation or counselling might be helpful. This can show the court that you are taking steps to address the issues that led to the order.
Apply to Vary or Revoke the Order: If circumstances change, you can apply to the court to vary (change) or revoke (cancel) the order. You will need to show the court why the order is no longer necessary.
Remember, it’s important to seek legal advice and to respect the terms of the order. It’s also important to treat everyone involved in the process, including the protected person and court staff, with respect. This is a difficult situation for everyone, and behaving respectfully can help the process go more smoothly.
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 the applicant.
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 breaching a condition of 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.
What is the difference between an AVO and an IVO?
In Australia, the terminology for orders issued by a court to protect individuals from harassment, stalking, violence, or intimidation varies by state and territory. The key difference between an Intervention Order (IVO) and an Apprehended Violence Order (AVO) is the jurisdiction in which they are used.
Intervention Order (IVO): This term is primarily used in Victoria. There are two types of IVOs: Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs). FVIOs are used when the parties are related, have been in a relationship, or are living in the same household. PSIOs are used for non-family matters, such as issues with neighbours or acquaintances.
Apprehended Violence Order (AVO): This term is used in New South Wales. Similar to IVOs, there are two types of AVOs: Apprehended Domestic Violence Orders (ADVOs) and Apprehended Personal Violence Orders (APVOs). ADVOs are used for people in a domestic or familial relationship, while APVOs are used for people not in a domestic relationship.
Regardless of the terminology, these orders serve the same purpose: to protect individuals from threats, harm, harassment, or violence. They do this by imposing conditions on the behaviour of the person who is seen as posing a risk. The conditions may include preventing that person from approaching or contacting the protected person, or from going to certain locations (like the protected person’s home or workplace).
Remember, it’s important to consult with a legal professional if you believe you need an order like this, as they can provide specific advice based on your individual circumstances.
How long does an intervention order last?
In Victoria, Australia, the duration of an Intervention Order (IVO) can vary depending on the specific circumstances of the case.
There are two types of Intervention Orders:
Interim Intervention Orders: These are temporary orders put in place until a court can hear all the evidence and make a decision about a final order. These orders are usually put in place on the day the application is made, particularly if there’s an immediate risk. The interim order lasts until the court makes a final order or dismisses the application.
Final Intervention Orders: These are made by a court after hearing all the evidence. The length of a final order can vary. It may be set for a specific period (like 6 months, 1 year, 5 years, etc.), or it may be indefinite, meaning it lasts until it is legally cancelled or changed by the court. Generally speaking, intervention orders usually last 12 months. This is determined by the magistrate.
In some cases, if circumstances change, the person who applied for the order (the protected person) or the person the order is against (the respondent) can apply to the court to vary (change) or revoke (cancel) the order.
It’s important for all parties involved to understand the conditions and duration of the order. Breaching an Intervention Order is a criminal offence and can have serious consequences. If there are questions or concerns about an Intervention Order, it’s advisable to consult with a legal professional.
How long does it take for an intervention order to be served?
An Intervention Order (also known as a restraining order or protection order) is a court order designed to protect a person by placing restrictions on another person’s behavior. In Victoria, Australia, the length of time it takes for an Intervention Order to be served can vary.
Once the court has made an interim or final Intervention Order, it must be served on (given to) the person it is against (the respondent). This is usually done by the police. The time it takes to serve the order can depend on several factors, including how quickly the police can locate the respondent. It could happen within a few hours, or it could take several days.
If the respondent was not in court when the order was made, the order does not take effect until it is served. The police have specific procedures they follow to locate and serve the respondent. If there is a delay in service, the person seeking protection (the applicant or protected person) can contact the police to check on the status.
In urgent situations, an interim order can be made to provide immediate protection. This can be done even if the respondent is not present or has not been informed about the application.
It’s important to note that while an Intervention Order can provide a degree of legal protection, it cannot guarantee physical safety. If a person feels in immediate danger, they should call the police.
As always, for specific legal advice related to an individual situation, it’s best to consult with a legal professional or a local legal aid service.
How to get an intervention order
In Victoria, Australia, you can apply for an Intervention Order (IVO) if you need protection from someone who is causing you harm or you fear may harm you. There are two types of IVOs: Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs). Here are the general steps to get an IVO:
Contact the Police or Go to Court: If you’re in immediate danger, you should contact the police. They can issue a Family Violence Safety Notice on the spot, which provides immediate short-term protection and can lead to an IVO application. If you’re not in immediate danger, you can apply for an IVO directly at a Magistrates’ Court.
Fill Out an Application: You need to fill out an application form for the IVO. This form asks for information about you, the person you want protection from (the respondent), and why you need protection. You may find the application form on the Magistrates’ Court of Victoria’s website or get it at a local court.
Lodge Your Application: Submit your application at a Magistrates’ Court. A court registrar will help you with the process and may ask more questions about your situation.
Get a Hearing Date: After you submit your application, the court will set a date for a hearing. In urgent cases, you might be able to see a magistrate on the same day.
Interim Order: If you need immediate protection, the magistrate may issue an interim order. This provides protection until the final hearing.
Serve the Order: The respondent needs to be served with a copy of the application and the interim order, if there is one. Usually, the police will do this.
Final Hearing: At the final hearing, the magistrate will listen to evidence and decide whether to make a final order.
Final Order: If the magistrate makes a final order, it will last for a certain period of time or until it’s cancelled by the court.
Remember, this is a general guide. For specific legal advice, it’s best to consult with a legal professional or a local legal aid service. If you’re in immediate danger, always call the police.