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Family Violence & Intervention Orders

What is Family Violence?

Family violence, often referred to as domestic violence includes violent, threatening, or other behaviour such as causing a family member to be fearful.

 

The Family Violence Protection Act protects people from different types of family violence, including but not limited to:

  • Assault/battery;
  • Sexual abuse;
  • Stalking;
  • Destruction of property;
  • Denying the family member financial autonomy;
  • Unreasonably withholding financial support;
  • Preventing a family member from making or keeping connections with their family; or
  • Unlawfully depriving the family member of their liberty.

If you feel unsafe in your relationship or you are worried about the safety of your children, you may also feel controlled or isolated.

 

If you or your children are being subjected to family violence you should contact Victoria Police immediately, then contact our office to speak with a family violence lawyer to discuss your legal rights and options.

What is an Intervention Order?

If you have been subjected to family violence, or threatened in some way, you can make an application at your local Magistrates’ Court for an Intervention Order, which will protect you and your family by placing conditions and restrictions on the person inflicting the violence.

What if an intervention order is made?

If an intervention order is made, a copy of the Intervention Order will be provided to both the protected person (applicant) and the respondent. Most Intervention Orders are not for an indefinite period and will specify how long the Order will be in place.

 

An Intervention Order may direct the respondent:

  • Against committing family violence;
  • To leave the family home;
  • To cease contact with you or any other family member by any means; or
  • Not to approach your home or workplace.

What if the respondent breaches the Intervention Order?

The Intervention Order can seek to prevent the Respondent from damaging your property and if they breach the conditions of the Intervention Order, then Victorian Police may charge them with a criminal offence. You should keep records and proof of any breaches of the Intervention Order the respondent may have committed, and immediately report the breach to the Victoria Police.

How Do I defend an Intervention Order?

Defending an intervention order involves attending the Magistrates’ Court as the respondent, and disputing the allegations made against you. You generally need to show that the Applicant is not able to prove that family violence has occurred, or that any family violence is unlikely to continue to occur.

How do I get an intervention order?

The process for applying for a personal safety intervention order is the same as applying for a family violence intervention order at your local Magistrates’ Court. However, if you are under the age of 18, or you are applying for an intervention order on behalf of your child who is under the age of 18 and not part of your intervention order application, you will need to make an application to the Children’s Court instead.

 

Alternatively, if Victoria Police were called or attended a location where there had been an altercation between you and the other person, the police may make an application on your behalf against the other person, for your protection.

 

In circumstances where the Police were required to attend, if they consider that you are in danger then they may issue you with a Family Violence Safety Notice providing immediate protection from the other person. This notice will provide you and your child, if affected, necessary protections which has similar consequences if it is breached. The notice is usually valid until the Magistrates’ Court determines whether you require a Family Violence Intervention Order.

 

Obtaining the correct legal advice from an experienced intervention order lawyer is essential to seeking and having in place the appropriate orders. Our lawyers will represent you whether you are applying for, or have received, a summons for an Intervention Order.

We make things easy, efficient, and worry-free. Talk to us today.