An Intervention Order Lawyer Can Help
January 3, 2024•1,345 words
An intervention order issued by the Magistrates Court to protect individuals from family violence entails conditions that, if breached, can have serious legal repercussions.
As these orders, known as AVO or DVOs can have long term implications such as restricting movement and contact between Affected Family Members, it is critical to seek legal advice early. To protect yourself and obtain expert legal guidance in these matters, professional legal advice should always be sought early on.
What is an Intervention Order?
Intervention orders (formerly restraining orders) are court orders designed to protect you and your family from domestic abuse. They can prohibit certain behaviour towards you and any children you have from the defendant, or direct him/her in certain directions. You can apply for such an intervention order at either Magistrates or Local Court; for best results it's wiser to seek legal advice as early as possible from qualified specialists in this area.
An intervention order application may be filed either by those directly affected, such as their family/affected individual, or someone acting on their behalf, such as law enforcement or child protection workers. Once served with this document, defendants typically attend court hearings; an Interim Intervention Order may be granted without them attending as well, if magistrate believes immediate protection is needed.
Once an intervention order has been issued, defendants must comply with its conditions. Any violation can result in criminal charges. Conditions can include not making contact with a protected person, returning to their own or rented property and entering protected person's workplace, school or university without permission; damage done; entering protected person's workplace/school/university without permission and entering them damage free; surrender weapons as ordered and/or undergo rehabilitation services for drug/alcohol abuse, gambling addiction, anger management issues or mental health concerns.
If a defendant is found breaking the terms of an intervention order, they could face imprisonment. Police, protected individuals or their representatives can request changes or cancellation of this order by applying to Magistrates Court.
An intervention order cannot be granted without first receiving a family violence certificate from either the victim or person who submitted an application for one. A family violence certificate is completed by a medical professional who assesses victim safety and well-being.
What are the Conditions of an Intervention Order?
Court intervention orders can impose numerous conditions as part of an intervention order. These range from compelling the defendant to stay away from an affected individual or their home, restrict their contact with family members and forbid attendance of certain events or geographic areas; it could even include restrictions against engaging in threatening behavior or stalking behavior as well as mandating counseling programs if it appears they may be the source of abuse.
Intervention orders can be an invaluable resource for victims who feel unsafe in their homes or communities, yet should not be treated lightly; violating its conditions could result in criminal charges being filed against you and could even land you behind bars. Therefore, make sure to abide by every condition set out in the order.
Your local Magistrates' Court registrar or family violence practitioner can discuss what conditions may be appropriate in your situation and offer advice regarding breach of intervention orders and helping report them.
An Injunction Order should include conditions designed to protect you and your family. This means it should be clear, specific, and include any threatening behavior experienced. When applying for an IO hearing it may help if someone can accompany you - this way they can assist with explaining what has occurred while helping keep track of details.
If you are concerned for the wellbeing of an adult with incapacity, The Adults with Incapacity (Provision of Services) Act 2003 allows for an application for a power of attorney. A court appointed power of attorney allows someone else (ie: family member, friend or carer) to make decisions or take specific actions on their behalf on behalf of someone with an incapacitating condition - typically this would involve taking one-off actions on their behalf and/or making decisions on their behalf - thus giving them legal permission. The application should detail why and how its appointment would benefit both parties involved and demonstrate why other options have been considered and rejected before proceeding further with this application for power of attorney being made public.
How can I fight an Intervention Order?
Attaining success when fighting an intervention order involves numerous strategies, with legal representation being of paramount importance and strong evidence presented in court being crucial. If a defendant can convince the judge that an order is unnecessary and not warranted, it may be overruled, especially if no previous domestic violence incidents exist and no past criminal history of either partner exists.
If someone finds themselves violating an intervention order, they could face criminal charges which can include fines or jail time depending on how serious their transgression was. It's therefore vital that any breach be taken seriously and immediately reported to law enforcement authorities.
An intervention order applicant is known as an applicant; while those they want protection from are known as protected persons or affected family members. An intervention order application can be filed either with police on behalf of an abused individual or submitted directly by affected family members themselves; either way, its content should contain detailed information regarding abuse. Photos or video evidence is recommended as supporting documentation for your submission.
Once an application has been filed with the court, a hearing will be scheduled to determine whether or not to issue the order. If defendant attends in order to dispute it, but fails to show, court will make decision without them present; if defendant does attend in dispute of application however judge will arrange contested hearing to review evidence presented at hearing.
Attend a contested hearing together and present evidence. At this hearing, the court will review all evidence before making its decision on whether to cancel or modify an order; any changes must be consistent with existing Parenting Orders.
How can I secure legal representation?
Intervention orders (also referred to as AVO's and DVO's) in Victoria serve as legal protection from acts of violence or harassment, commonly known as restraining orders or injunctions, that can have serious repercussions if violated by those subject to them. Anyone whose safety or wellbeing may be at stake should obtain such an order with assistance from a Melbourne criminal lawyer for its application process.
An intervention order can either be interim or final in nature, with interim orders usually being issued as temporary measures until a court hearing can take place and a permanent order determined. Final intervention orders typically outline specific conditions the respondent must follow such as refraining from engaging in activities that include stalking and threats of physical violence against them; they also typically give both parties involved an opportunity to present their arguments at court hearings for or against upholding of an intervention order.
At hearings, both parties typically are represented by lawyers. This is an essential component of the application process as this allows each attorney to effectively communicate and represent their client by communicating facts of the case while advocating on their behalf and gathering supporting evidence for them.
After the hearing, both parties will receive copies of an intervention order lawyer and any individuals that violate its terms could face contempt of court charges or even criminal ones. Therefore it is imperative that both parties seek legal advice if there are issues with its terms to change or cancel it as soon as possible.
If you need advice about your situation, Aston legal Criminal Lawyers' experienced intervention order attorneys are well-versed in law and can advise on potential options available to you going forward.
An individual can submit an intervention order application at their local magistrates court. Most often (unless Covid restrictions are in effect), applications can be submitted electronically via the magistrates website; alternatively they can attend court in person and make their submission directly to the registrar; in certain circumstances police may also make applications on behalf of individuals they deem unsafe.