Intervention Order Lawyers Melbourne
Our Melbourne lawyers can provide you with the legal advice and representation you need when it comes to obtaining or disputing a family violence intervention orders (FVIO) case.
Know Where You Stand
Our highly experienced Intervention Order (IVO) Lawyers are based in Melbourne
As a firm specialising in all aspects of Family Law, Pearsons Lawyers have a team of lawyers with the necessary knowledge, skills and expertise to assist you and your family in these difficult times.
If you are the Intervention Order Applicant seeking the protection of an IVO for yourself and/or your children, we can advise you of options and arrange representation at all hearings.
If you are the Respondent of an Intervention Order, we can defend you and endeavour to resolve your dispute as quickly and cost-effectively as possible. We can pear on your behalf or arrange representation for you at the Mention, Directions Hearing and Contested Hearing if necessary.
Our experienced team of specialist lawyers will advise you of the available options and guide you through this process.
Know Where You Stand
We can help arrange an Intervention Order
Dealing with Intervention Orders and Restraining Orders demands a high degree of understanding and also requires an appreciation for the broader impact such orders have in the Family Law jurisdiction, particularly concerning parenting matters.
We will ensure that you achieve the best possible outcome and provide the following:
- Advice and representation to obtain or defend an Intervention Order and restraining order, including children, on an interim or final basis.
- Applications for variations of intervention orders.
- Restraining orders to protect personal and real property.
We understand that applying for or responding to a Family Violence Intervention Order or Personal Safety Intervention Order can be very stressful and emotionally charged. It can be even more overwhelming when you have been in an intimate relationship with someone and even more deeply distressing if there are children involved and you are also going through Family Court proceedings or preparing Parenting Orders.
Likewise, if police attendance due to suspected domestic or family violence has occurred, and an Interim Intervention Order is placed on the Respondent that the aggrieved does not agree with, there are further complexities to the matter.
Likewise, respondents may feel that Family Violence Intervention Orders have been placed unjustly or for leverage in Family Court proceedings.
In many cases, an applicant has been subjected to ongoing personal or domestic violence. This may include physical violence, sexual violence, emotional abuse, mental abuse, economic abuse, stalking, threats or coercive control. It may consist of property damage, violence towards pets, or threats. These are all deeply harrowing experiences that require immediate protection to be put in place. This is also especially true when there are children who need protection or are witnessing or being exposed to domestic abuse.
Two different types of intervention orders are available in Victoria, which we will look at below. There are also many terms used in other states that may be confusing, which we will clarify.
What are Family Violence Intervention Orders?
A Family Violence Intervention Order is based on the Family Violence Protection Act of 2012, and seeks to protect family members and those in relevant relationships from domestic and family violence. Family Violence Intervention Orders are frequently seen in relationships between couples and family unit settings but can be sought in many circumstances, including elder abuse or parental abuse.
They may apply to people in intimate relationships, one or more family members and informal care relationships, where one person is dependent upon the other for help with daily living activities.
Protected persons, also known as the aggrieved, are those the order seeks to protect. This will be the affected family member or family members. A protected person may not be an actual family member, as noted above, but is considered protected under the rules of a Family Violence Intervention Order. Children can also be protected persons under this type of order.
What are Personal Safety Intervention Orders?
A Personal Safety Intervention Order is similar to a Family Violence Intervention Order. Personal Safety Intervention Orders are made to protect a person from certain behaviours from another person that causes physical, emotional, mental or psychological harm. Financial abuse, stalking, coercive control and threats are also grounds for a Personal Safety Order.
The main difference between a PSIO and an FVIO is that no familial relationship is deemed present. This may be someone you work with, an acquaintance or a neighbour who has intended to cause you physical or mental harm. Harassment alone does not generally warrant an Intervention Order, an intention or actual incident must be shown in most cases.
What is an Interim Intervention Order?
An Interim Intervention Order is made by, or on behalf of the protected person or protected persons as a temporary measure of protection before an Intervention Order hearing takes place. This is often done when immediate security is required, but cannot be granted at the time needed. Family Violence and Personal Safety Intervention Orders need to be made at the Magistrates Court, by on or on behalf on the Protected or Affected Person.
What’s the difference between an IVO, AVO and Restraining Order?
Family violence orders are called different things in different states, such as:
- Protection Orders (QLD)
- Apprehended Domestic Violence Order (NSW)
- Intervention Orders (VIC & SA)
- Violence Restraining Orders (WA)
- Family Violence Order (TAS)
- Domestic Violence Order (ACT & NT).
- In Victoria, we have Family Intervention Orders (FVIO) or Personal Safety Intervention Orders (PSIO), which are collectively referred to as Intervention Orders (IVOs).
How is an Intervention Order Application made?
Intervention Order Applications are made through a local Magistrates Court. They are made by the Affected Person or Protected Person, but may also be made by the police or another applicant on behalf of the AP or PP.
For an Intervention Order to be granted, the Respondent must be served with relevant orders. Both parties and their lawyers may attend the Magistrate courts for the hearing, or the Police prosecutor may do this on behalf of the aggrieved if the police have applied for the order.
If there are safety issues present for the Applicant, measures such as appearing by video link may be put in place. If the Respondent does not attend, a final order may still be made to grant the Intervention Order.
Pearson Lawyers have extensive experience in assisting in intervention order matters. Please g t in touch with us to find out how we can help.
How do I respond to Intervention Order being made against me?
If you are the Respondent for an FVIO or PSIO, the first thing to be aware of is that it is a Civil Order rather than a criminal charge, and that only a breach of it would be seen as a criminal offence. The police will attempt to serve paperwork directly to you, but may also do so by email or post. If they cannot find you, they may file a ‘Certificate of Inability to Serve’, which means the hearing can commence.You will need to attend court or have your lawyer do so. It is im important to attend court if possible and prepare yourself before the day.
Please speak to us if you need to understand more about managing an Intervention Order Court Hearing.
How are Intervention Order breaches handled?
An intervention order (IVO) is put in place to ensure the affected or protected person is safe from certain behaviours. An intervention order is a civil order, but breaches of Intervention Orders are serious. Breaching an intervention order is deemed a Criminal Offence, which can result in criminal charges and leave you with a criminal record. Pearsons Lawyers are Family lawyers in Melbourne and expert intervention order, lawyers. We have extensive experience in navigating Intervention Order applications and breaches.
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Know Where You Stand
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During your initial free consultation we will:
- Discuss your circumstances.
- Answer any questions about the divorce process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a divorce and separation.
Call our office or fill in the contact form to book your free appointment.