Family Violence Intervention Orders
get advice from an expert INTERVENTION ORDER lawyerS
If you have received an Intervention Order, don’t hesitate to get in touch with us promptly. Our legal team possesses substantial expertise not only in family law but also in criminal law and intervention orders. Our lawyers are well-versed in offering optimal guidance for such matters. Intervention Orders can significantly impact family law cases, making it imperative to engage professionals with specialized knowledge. Point Cook Family Lawyers is equipped to represent all parties involved in Intervention Order proceedings, including Applicants, Respondents, Affected Family Members, and Protected Persons.
If you’re contemplating separation, seeking early guidance is advisable. Consulting with a lawyer before separation can provide clarity on the process and empower you to make informed decisions regarding your children and assets. Beyond legal advice about your rights and responsibilities, our team at Point Cook Family Lawyers can also facilitate referrals to separation counseling or mediation services to offer additional emotional support during this challenging period.
Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues regarding parenting arrangements.
What is an Intervention Order?
- Personal Safety Intervention Order (PSIO) – 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.
- Family Violence Intervention Orders (FVIO) – 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.
What should I do if I am served with an Intervention Order?
If you receive legal papers, it’s crucial to carefully review them. If it’s an FVIO, the one who filed it is known as the Applicant. This could be your spouse, law enforcement, a parent, or a guardian. Those seeking protection are referred to as affected family members. If you’re the one the application is against, you’re the Respondent. Should you want to discuss the implications of the Intervention Order, feel free to get in touch with our team at Point Cook Family Lawyers.
Can I apply for an Intervention Order?
Applying for a FVIO – You can apply for a Family Violence Intervention Order at any Magistrates’ Court in Victoria if you are over 18. If you are between 14 and 18 or applying for your child who is under 18, you can apply for an intervention order at the Children’s Court. You will need to fill in an application form and provide information about the people included in the application. The form can be obtained from Court or you can download it from the Magistrates’ Court Family Violence Website. Upon completing the application form, you will be interviewed by the Court Registrar. You may be able to see a Magistrate after the interview with the Registrar for an Interim Order. However, it is likely the Court will be busy and you will have to come back another day.
Applying for a PSIO – The protected person or someone else can apply for an Order. Police can also apply for personal safety intervention orders when they believe that a person needs protection. This application can also be made despite the affected person’s consent. You will need to fill out an ‘information for application for a personal safety order’ form. Then you have an interview with the Registrar at Court. The same process applies for a PSIO as that to a FVIO.
Can I have a lawyer appear on my behalf for my Intervention Order hearing?
Our Lawyers at Point Cook Family Lawyers can appear on your behalf for an Intervention Order. We can appear on behalf of Applicants wishing to apply for an Intervention Order or Respondents looking to defend the Intervention Order or Affected Family Members of the Intervention Order.
What happens if I am charged with the breach of an Intervention Order?
You must adhere to the terms of an Intervention Order. Violating an Intervention Order is a criminal act and is treated with utmost seriousness. Law enforcement can apprehend and press charges against you for breaching the Intervention Order or engaging in other unlawful activities. After being charged, you must determine whether to admit guilt or assert your innocence. If the Court convicts you of a breach, it may impose fines, require good behavior, administer a prison term, or apply other suitable penalties. Seeking legal counsel before your hearing date is highly advisable.