If someone is acting badly towards someone else in Victoria, Australia, the court can issue an Intervention Order to protect that person from violence, threats, abuse, damage to property, or disturbances to their peace and quiet.
To be protected, you can get a personal safety intervention order from a judge if someone you know is physically or mentally abusing you. There are rules that the applicant or protected person (the person the order protects) must follow when they deal with the respondent (the person the order is against). The respondent must follow the rules set out in the order.
Personal Safety Intervention Orders (PSIO) and Family Violence Intervention Orders (FVIO) are the two kinds of intervention orders. At Josh Smith Legal, our expert intervention order lawyers can explain both types of intervention orders and how you should act if you are given one of them, as well as if you need one of them.
What Situations Lead To An Intervention Order?
If there is a relationship between the offender and the protected person, you will require a family violence intervention order. A judge may issue a personal safety intervention order if the protected person has experienced any of the following:
- Assault
- Sexual assault
- Intimidation
- Interfering with or causing harm to property
- Serious threats
- Stalking
In Australia, a judge has the authority to provide an order protecting an individual from physical or psychological harm. They go by a variety of names, like Restriction Orders for Intervention, AVOs for Violent Crimes, or Directives to cease using violence on women. Anywhere in Australia, under any name, orders have the same effect. They provide precise guidelines for preventing harm to others.
What Is A Family Violence Intervention Order?
In cases where drug-related offenses are involved, understanding what constitutes a commercial quantity of drugs can influence the legal proceedings and the types of intervention orders issued. The order contains rules stating that the respondent cannot cause harm to the protected person by abusing their family. The legislation may instruct the respondent to:
- Get someone else to take care of the protected person
- Do not touch or speak with them, depending on the circumstances
- Get someone else to do it for the protected person instead of going to or staying close to them.
The judge may also cancel or suspend the respondent's weapons licences, among other things.
An intervention order is a legal matter. It is against the law to break the regulations.
Requesting An Order
The legal consequences of domestic violence can be severe, including criminal charges and penalties for violating intervention orders. Requests for orders may come from the protected individual or from other parties, such as a parent or law enforcement official. Police have the right to request a personal safety intervention order if they believe someone needs protection, even if the individual being protected objects to a court order being issued. Obtaining an order requires completing a "form for application for a personal safety intervention order." You then have a meeting with the registrar of the court. Obtaining a personal safety intervention order and a family violence intervention order follow the same procedure.
What Comes Next?
The applicant will attest to the accuracy of the form by signing it. They will also receive a copy of the summons, which includes the date of the meeting. Until the court meeting, you might obtain a temporary order to protect the individual. For the judge to issue an interim order, the respondent does not have to be present. Until the following court date, any interim orders may remain in effect. It is unlawful to violate a provisional order.
Attending Court
Individuals who require a family violence intervention order or a personal safety intervention order appear in court together. Before you go to court for a mention hearing, read our self-help advice for applicants and respondents. If the respondent disagrees with an order, they should consult an attorney before the contested hearing. Duty lawyers are unable to assist respondents at this conference due to their duties.
What The Magistrates Determine
The judge will determine whether the respondent is likely to repeat this behaviour and whether the protected person fears for their safety. After considering the evidence and the desires of both parties, the court will decide.
Both the respondent and the protected person will get copies of the order. It will specify the respondent's limitations and the allowable duration of action. Everyone must understand the meaning of the terms in the order.
Respondents are required to abide by the guidelines specified in the order. A person may incur criminal charges if they violate an intervention order. However, obtaining an intervention order does not automatically result in a criminal record. The respondent faces the possibility of jail time or a hefty fine for violating the order.
Conclusion
The law in Victoria will shield a person receiving an intervention order from harm, both physical and psychological. Depending on the degree of proximity between the protected party and the perpetrator, an intervention order may be for personal safety or family violence. The respondent is subject to the guidelines outlined in these directives; failure to do so may result in legal ramifications. You must apply, attend court sessions, and maybe reach a mediation agreement to obtain an intervention order. Adhering to the terms of an intervention order is crucial since noncompliance might result in criminal prosecution. Individuals who are coping with intervention orders can also receive assistance from several support groups that ensure that they are aware of their legal rights and obligations.
Resources And Further Reading
- https://www.supremecourt.vic.gov.au/forms-fees-and-services/court-orders-general-information
- https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio
- https://www.police.sa.gov.au/your-safety/intervention-orders
Author Bio
Dragana Randjelovic - Writing has always been her side project, and it fulfils her just as much as her teaching career. Having worked in a variety of corporate, agency, freelance, and part-time roles for the past eight years, Dragana has developed a strong background in copywriting, marketing, and content creation. Her writing portfolio covers a wide range of topics from her nearly eight years in the field, including cars, nutrition, cryptocurrencies, moving, and logistics. She has concentrated on writing about law over the last two years.
