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Family violence and Intervention orders
An Intervention Order (IVO) is a restraining order obtained against a family member or a non-family member to prevent any form of violence.
There are 2 common types of IVOs
Family violence intervention orders
Personal safety intervention orders
If unfortunately you have experienced family violence, you will be termed the Affected Family Member (AFM) for the purposes of an intervention order application.
If you are the party against whom an intervention order was made, you will be termed the respondent in the IVO application.
IVOs are civil orders. However, if you as the respondent violate any terms of an IVO you may be criminally charged. The penalties for such criminal charges may even lead to imprisonment.
Our lawyers have a wealth of experience guiding those served with intervention order applications.
Responding to your Intervention Order
Providing legal advice
If you have been served with an intervention order, there are multiple considerations to take into account.
We understand how stressful having an intervention order can be. Once served with an interim intervention order, one will have limited freedom of movement around the affected family member(s).
An intervention order will limit your ability to see your children or attend your residence for a certain period of time.
Typically, you will be served with an interim IVO and given a date to attend court. At this hearing, the Judge may make the IVO permanent for a certain period of time.
If you have been served with an IVO, our experienced lawyers can help you understand the effect of the order and represent you in court at your next hearing.
Our lawyers can advise you on your options for contesting an IVO or assist you in minimizing the conditions placed on you by the Intervention order.
Representing you at Court
Once a complaint has been made alleging that you have committed family violence, you will be served with a copy of the application and a date to attend court.
You must attend court on this date. The hearing offers you an opportunity to defend yourself.
If you are faced with such a situation and are unsure about what to do, contact us.
Our court representation services are highly personalized and focus on obtaining an outcome that is consistent with your instructions.
Our lawyers are available to attend your hearing even on short notice.
Choices after being served with an IVO
Broadly, after being served with an IVO you have the following options:
Consent to all the conditions in the IVO
Consent to a limited number of conditions in the IVO
Completely oppose the IVO being made
Whichever option is suitable for you will depend on the allegations contained in the IVO application.
Unconditionally, consenting to the IVO may not be suitable for everyone especially if young children have been included as affected family members under the application.
It is important to make a decision on how you wish to approach the IVO application prior to your next court date.
Process of responding to an Intervention Order
Step 1
Talk to one of our family law experts
If you have been served with an IVO and are unsure what to do next, our lawyers can help.
It would be useful for us to have a copy of the following documents before we have a consultation with you:
Intervention order application and summons
AFM statement or any other documents served on you by the police
A brief summary of your version of events
Step 2
Engage in negotiations
If the application was made by the police on behalf of the AFM, we will contact the relevant police informant and attempt to negotiate the conditions and types of orders they will seek from court at your next hearing.
If the application was made directly by the applicant or their lawyer at court, we will contact the relevant party on your behalf and attempt to reach an agreement on the conditions to be imposed on the order.
If you are in the unfortunate position where your children are included on the IVO application, we will attempt to negotiate arrangements for you to have access to your children.
Step 3
Representing you at court
Once we have been retained, we will mark appearance on your behalf at the Magistrate court.
We will communicate with the courts to obtain permission for making the variation or revocation application, depending on your situation.
We will draft any application, supporting affidavit and other witness statements as required.
If you decide to contest the IVO, we will advise you on the relevant evidence you will need and guide you through the court process.
Step 4
Participate in Counselling
Being served with a family violence intervention order can be a very emotionally challenging experience for anyone. If you find yourself in this unfortunate position, we recommend that you seek the support of a mental health practitioner.
If you are male respondent served with an intervention order, it may be prudent to consider joining a Men's Behavioural Change Program prior to the final hearing.
You may also wish to consider enrolling in an Anger Management program.
Following such programs will help you demonstrate to the AFM and Court that you are willing to reconcile with the behaviors that led to the IVO needing to be obtained in the first place. These actions will be given consideration at a final hearing for the IVO.
If you are unsure which course is right for you, we can help you pick a course depending on your circumstances.
Are you charged with breach of an Intervention order?
An IVO typically has many conditions. The effect of which is to prohibit you from contacting or being within a certain physical distance of all affected family members listed on the order.
You would be in breach of an intervention order if you have committed any of the prohibited conditions stated in your intervention order.
Breaching an intervention order may give you a criminal record and courts take breach of intervention orders very seriously.
Having a criminal record resulting from a breach of an IVO can restrict your employment in certain areas such as working with children or as a security officer. In some circumstances, having a criminal record may limit your ability to travel internationally.
You have two options when charged with breaching an IVO:
you can plead guilty or
you can contest the charge by pleading not guilty
You may wish to consider having legal representation for your criminal hearing.
Read More: Complete guide to intervention orders
Affected Family Members (AFM)
Police applications
If you are in danger, you should immediately call triple zero (000).
If the police assesses that you are in immediate danger, they will issue a police safety notice protecting you from the perpetrator of violence.
Subsequently, the police will make an intervention order application to court on your behalf.
Applying for an Intervention orders without Police assistance
MJ Legal can assist you in making an application for intervention orders.
After this you will have to attend an IVO appointment to prove the accuracy of your application.
If your application is approved, you will be given the following documents:
- application and summons
- interim order
- application and warrant
FAQs
An interim intervention order will last until a final intervention order is made, unless varied or revoked or if the intervention order application is withdrawn.
A final intervention order will generally last for a period of 1 year, but it may be extended even up to 2 years or more depending on your circumstances.
Yes, an intervention order can be revoked by the applicant.
The respondent may contest the IVO and have a magistrate revoke the order.
The respondent needs to obtain permission from the Court in writing before making a revocation application.
Intervention orders are considered as civil wrongs.
However, breaching any condition on the intervention order may lead to you being criminally charged.
Such charges may appear on your police check.