Intervention Orders in Victoria
Intervention orders are designed to protect individuals from harmful or threatening behaviour. In Victoria, there are two main types of intervention orders: Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs).
How to Get an Intervention Order
Police may apply for an intervention order on your behalf after you make a complaint. In this circumstance, Police would be listed as the Applicant and you any other family members that need to be protected would be listed as Affected Family Members (AFM). Police handle the matter on your behalf and will negotiate with the other party (Respondent) in relation to the finalisation of the Order.
Alternatively, you can apply for an intervention order directly through the Magistrates’ Court of Victoria. You can read more about this process here. The Application can be completed online and will be listed at the Court closest to you. You can apply to appear remotely if you would prefer. If you are making an application on your own behalf, be prepared for the possibility that you could have to give evidence, if the respondent opposes the orders you’re seeking.
During the Court Hearing, a magistrate will review your application and may issue an interim order for immediate protection.
When to Get an Intervention Order
An IVO is issued to protect one person against another. Often the Order is put in place to protect someone against immediate physical danger, but it is important to understand that an IVO can also be used to protect against other behaviours such as:
· Harassment
· Assault or threats to assault
· Emotional or psychological abuse
· Coercion
· Financial abuse
· Damage or threat to damage property or to harm pets
· Actions that cause fear for personal safety or the safety of family
A parent, guardian, child protection or police can apply for an IVO on behalf of a child under the age of 18.
We recommend that you seek the advice of police, a lawyer or an appropriate support service if you are considering applying for an intervention order.
Benefits of Intervention Orders
Protection: They can provide legal protection from violence, threats, and harassment, insomuch as there are legal consequences for breaching the order.
Safety: Orders can include conditions to prevent the respondent from contacting or approaching you.
Relief from communicating with the offender: An IVO can be useful in preventing a Respondent from having any contact with you by any means (including social media and text message). There are some exceptions to this, particularly if there are family law orders or a parenting agreement that requires you to have contact with the Respondent about your child. In this case, the IVO offers protection by limiting communication to matters strictly related to the children and it must not be abusive or threatening.
Protection Australia Wide: Regardless of where in Australia the order is made, or what name it goes by, they all effectively do the same thing. The order sets specific rules intended to protect a person from violence and can be registered in every state or territory.
Potential Problems with Intervention Orders
Threshold: Usually, an interim order is put in place based on the claims of the applicant and affected family members and there are examples where the wrong person has been identified as the aggressor, especially in complex situations. At times, orders have been made based on allegations made by the applicant that don’t reflect the entire situation. This can have ramifications particularly in family law disputes.
Breach Consequences: Breaching an intervention order is a criminal offense and can have serious legal implications. In some cases, respondents may not fully understand the conditions, leading to unintentional breaches.
Escalation of Threatening Behaviour: There is a risk that the Respondent may escalate their threatening behaviour in response to the order.
Impact on other proceedings: There have been recent amendments to the Family Law Act in relation to evidence of IVOs being used in family law proceedings. A final IVO may negatively impact the Respondent in future family law proceedings. If you are the subject of a potential IVO, we strongly recommend that you consult with a lawyer prior to consenting to it.
Managing the Risk of Escalation
Safety Planning: Work with a support service to create a detailed safety plan that suits your situation.
Police Involvement: Inform the police about the order and any concerns you have about escalation.
Counselling and Mediation: In some cases, counselling or mediation might help address underlying issues and reduce the risk of escalation.
Regular Monitoring: Keep in touch with support services and the police to monitor the situation and adjust as needed.
Report breaches: For an IVO to be effective the applicant / affected family members need to report any breaches. For example, if someone has texted you outside of the scope of the conditions of the IVO you should report the breach to avoid further escalation.
In summary, intervention orders have a role to play in protecting someone from physical, emotional/psychological and financial abuse, harassment and intimidation. If you are feeling unsafe or threatened due to the behaviour of someone else, the Connect Family Law team can assist you with advice and legal support.
We can also offer advice if you are the Respondent in an IVO application.
