An intervention order is a court appointment which authorizes you to take one-off actions and make decisions on behalf of an adult with incapacity. Any breach can lead to criminal charges.
Intervention orders (also known as AVO or DVO orders) may have long-term ramifications for parenting arrangements and contact between children and their parents, and our family law solicitors can advise you as to whether to pursue such an order or defend against one.
Legal Representation
No matter if you are seeking an intervention order or being charged with breaching one, legal advice is invaluable. An intervention order lawyer can protect your legal rights while building a solid defense in court; additionally they will help explain both the process and consequences associated with breaking one.
An Intervention Order is a legally-binding court order designed to restrain someone from behaving in certain ways towards another person or family. Issued on behalf of those directly affected or protected, intervention orders serve to protect people against violence, harassment, stalking and any potential threats to safety.
Intervention orders may be issued against family or non-family members alike. There are two forms of intervention orders available to you: Personal Safety Intervention Order (PSIO) and Family Violence Intervention Order (FVIO). A PSIO can be made against anyone you share a relationship with – from relatives, ex-partners, acquaintances or neighbors to neighbors living close by; while an FVIO should only be made against partners or spouses who live together as well as any children living there.
Courts decide whether an intervention order should be issued after reviewing evidence presented before them. A Magistrate will make their determination based on whether a respondent engaged in conduct that caused reasonable people to fear for their safety and is likely to repeat such activities in the future.
If the court determines that an intervention order should be issued, they will set conditions on its terms, such as what behaviors are prohibited and for how long. As these can often be difficult for an accused to comply with, having legal representation can significantly increase your odds of achieving positive outcomes.
Aston legal and Associates’ team of expert criminal lawyers is adept at handling intervention order matters. Our lawyers can assist with applications for an Interim Intervention Order, PSIO or FVIO as well as provide advice about the application process itself or assist with drafting or defending against an application for intervention order protection.
Contested Matters
If a person believes they are at risk from family violence, stalking, verbal abuse or other types of harassment they can apply to court for an intervention order. Restraining orders such as this help protect people from unwanted or dangerous behaviors by restricting contact between parties involved. They can be obtained for many situations including domestic violence, stalking verbal abuse harassment. Depending on individual circumstances the magistrate may grant or deny such applications.
Applicants may submit an intervention order application themselves or through Victoria Police. After lodgement in the local Magistrates Court, their matter will be listed for mention before a magistrate who will review all available evidence before rendering their verdict and scheduling trial dates if needed. At this hearing, both the applicant and respondent present their cases; then finally the magistrate decides on granting or rejecting it before scheduling trial dates as appropriate.
Persons who do not wish for an intervention order can voluntarily withdraw the application or agree in writing to what is known as an undertaking – an undertaking contains all the same conditions and exemptions of an intervention order but does not carry criminal consequences if violated.
At any point in time, any individual may apply to court in order to revoke or amend an intervention order, be it the respondent or affected family members. There are specific procedures involved with doing this so it’s essential to seek legal advice prior to doing so.
Aston legal Criminal Lawyers have had success prosecuting those making false claims when seeking an intervention order, leading them to be charged with perjury in court. We have also had success at prosecuting individuals making such statements regarding an intervention order if there is clear and convincing proof beyond reasonable doubt that such statements were indeed false claims, otherwise our prosecution won’t succeed.
Police applications for intervention orders will typically be assigned a preliminary hearing date at which time a magistrate will review an Affidavit and evidence before making their decision on an interim (temporary) intervention order. At these hearings, proposed protected persons typically do not need to attend, however may need to attend in case an individual makes their own application directly with them.
Following the preliminary hearing there will be a directions hearing where both parties inform the Magistrate about their intention to call witnesses, the nature and direction of evidence, as well as other pertinent details of their case. After which, Magistrates may list it for pre-trial conference or set another date to hear evidence.
After listening to evidence at trial, a Magistrate will make a ruling either approving or disapproving of an application for protection. If approved, police can enforce it while if disapproved they cannot and the matter will be listed for rehearing.
If an intervention order is approved, Respondent will be given a copy that should be kept safe at all times. Breaches of an intervention order can be considered a criminal offense; to comply with its requirements and report any suspected breaches to authorities should any arise. For support if needed please reach out to Women’s Domestic Violence Court Assistance Service for advice and help.
Variations
Courts may modify an intervention order on any number of grounds, whether through hearings or applications to the Court. Requests to modify can come from law enforcement officials, affected persons and protected persons (or their representatives) after it has been issued; similarly convicted parties who wish to have their conviction overturned may apply to have it heard again before the District Court.
Alongside amending an intervention order, it may also be possible to request powers on behalf of an adult with incapacity. This is often necessary when they cannot manage their affairs independently and require assistance. Requested powers could involve purchasing or selling property, signing legal documents, and/or making decisions concerning personal welfare.
Australia’s intervention orders can prevent individuals from acting against designated victims. They also restrict defendants from approaching within a specific distance (for instance 100m) of these protected people and prohibit access to specific places or objects by restricting defendants from acting against these nominated people. A magistrate can include terms that prevent these people from accessing certain locations or objects.
An important consideration when applying for an intervention order is if its request actually warrants one in the first place. An Affected Person and/or their legal advisor should carefully consider all relevant circumstances to ensure that their application is compliant.
If a respondent is listed as an Affected Family Member in an order, spending time with their children can become increasingly challenging. Under such circumstances, it’s usually necessary to seek legal advice quickly and apply to the Family Court or Federal Circuit Court for parenting orders.
An Affected Person may apply to have their name removed from a list of individuals the respondent should not contact by filing an application with the Magistrates Court and serving it on them.