Intervention Orders

Intervention Orders Lawyers Melbourne Victoria

Intervention orders (IVOs) go by various names in different states, so it is crucial to understand the correct IVO meaning for your location. For example, in Victoria, they fall under two categories: Personal Safety Intervention Orders (PSIO) and Family Violence Intervention Orders (FVIO), but are often referred to as IVOs. In NSW, they are commonly called apprehended violence orders or AVO’s.

Dribbin & Brown Criminal Lawyers in Melbourne regularly represent clients both as applicants and respondents concerning all types of intervention order matters.

We have criminal law offices in Melbourne CBD, Dandenong, Ringwood, Frankston, Geelong, Ballarat, Moorabbin, Werribee and Broadmeadows, all in close proximity to the local courts, and we have a great deal of experience appearing at the courts in these areas.

Types of intervention order

Family Violence Intervention Order

Personal Safety Intervention Order

Intervention Order – Why Dribbin & Brown?

If your matter is urgent, please contact our Criminal Defence Lawyers.

Intervention Orders: Common Questions

IVO meaning in Australia

What is an intervention order (IVO)?

If you are wondering about the meaning of IVO in law, we can help:

In Victoria, an intervention order (or IVO) is an order imposed by a Magistrate, designed to protect one person from another person’s aggressive or harassing behaviour.

There are two types of intervention orders:

Family Violence Intervention Orders (FVIO): These relate to domestic violence in familiar situations (e.g. a dispute with a domestic partner).
Personal Safety Intervention Orders (PSIO): These cover all other relationships. A typical example would be a dispute involving a neighbour or coworker.

Both types of IVO are court orders that essentially have the same effect-to preclude one person from engaging in certain activities toward another person.

In Victoria, intervention orders are known by many different names, including Family Violence Intervention Orders (FVIO), Restraining Orders, Domestic Violence Orders, Apprehended Violence Orders (AVO), Personal Safety Intervention Orders (PSIO) and (IVOs). However, it is important to note that there are only two avenues to obtain an IVO, depending on your situation: a Family Violence Intervention Order or a Personal Safety Intervention Order.

What is the difference between an AVO and IVO?

Many people often confuse the meaning of an IVO with an AVO.

An IVO is an order that occurs in the State of Victoria, short for intervention order, whereas an AVO is an order that occurs in the State of NSW, short for Apprehended Violence Order.

The information on these pages is relevant to an IVO or an intervention order put in place in the State of Victoria. Each state in Australia has its own terminology when referring to an order that protects a person from domestic violence or prohibited behaviour.

AVO Victoria

If you are looking to obtain an AVO in Victoria against another person, or you need help defending an AVO in Victoria, this means you are seeking assistance in relation to an intervention order. That is what an Apprehended Violence Order or A.V.O. is called in Victoria – AVO is just a term used to describe the same thing in other States in Australia.
Our talented intervention order lawyers routinely assist people in obtaining the protection of an intervention order or in defending an intervention order or both, that is where there are cross applications and orders are being sought by both sides.

What is an interim intervention order?

An interim intervention order is a temporary intervention order that a magistrates can make if the magistrate is satisfied that the impacted party is in immediate need of protection. There are two types of Interim Intervention Orders,
- Family Violence Interim Intervention Orders, where a protected person will always be a family member or current or former domestic partner.
- Personal Safety Interim Intervention Orders, the protected person will be unrelated to the respondent, usually a neighbour or a social acquaintance.

How long will an interim intervention order stay in place?

An interim intervention order will stay in place until such time that a magistrates makes a decision about whether to make a final order or not. In relation to FVIO interim orders, section 60 of the FVPA determines when an interim order expires. In relation to PSIO interim orders, section 43 of the PSIO Act determines when an interim order expires. The sections effectively mirror each other.

How to withdraw an interim intervention order

To get an interim intervention order cancelled or varied is not easy. If a Magistrate has put an interim intervention order in place, it is very difficult to have this overturned without very good reasons.

Here are the steps:

An application must be filed with the Court. To determine which application is the right one, you need to determine the type of interim order that you are facing.
It will either be a Family Violence Interim Intervention Order or a Personal Safety Interim Intervention Order.
There need to be compelling reasons why you need the order changed, such as;
- The protected person no longer wants the order;
- The order may no longer be necessary because the protected person has left the jurisdiction and is not returning;
- Police or the other party are no longer pursuing the application;
- There is fresh evidence that on the face of it sheds light on the original allegations put before the court;

Engaging competent intervention order lawyers that understand this area of the law, like Dribbin & Brown Criminal Lawyers is essential. We have a comprehensive understanding of intervention orders, and deal with them everyday of every week at all the local courts around Melbourne. So, if you want to challenge an interim order, you need to get advice and competent representation.

What is the Court Process regarding Intervention Orders?

The matter will always be listed for a mention. Prior to that time you will have been served with an intervention order, that will either take the form of a “Family Safety Notice” if the matter relates to family violence, or an interim intervention order, which is an order that takes immediate effect, or a proposed intervention order, which has no legal effect, but outlines the application and what conditions are being sought.
At the first mention, following negotiations with the other side one of the following things can occur
- You can accept the order in whatever conditions can be negotiated, it is important to have a lawyer for this part of the process;
- Your lawyer can make submissions about why the application should be struck out;
- Your lawyer can negotiate an undertaking, this is not an intervention order, but more a promise to the court and the other party to not breach the conditions of the undertaking. Any breach will give an immediate right to reinstatement of the intervention order application;
- The matter can be adjourned for a further mention, a directions hearing or a contested hearing;
- The matter can be adjourned and your lawyer can request that further and better particulars be provided in relation to the application.
If you have to attend court for a mention in relation to an intervention order, it is advisable that you engage a lawyer to assist you, many things can go wrong at this first hearing.

What is a respondent?

The legal meaning of respondent is a person who is responding or defending a legal application brought by another party.
In relation to intervention orders, that party can be another citizen or a member of police. In Victoria, it will often say in the top left hand corner of an Intervention Order application, “Respondent’s name”, and then list the respondents name.
This is the person that must respond to the intervention order application. If you do not respond, you are at risk of having an order put in place against your wishes.
You can be a respondent in relation to a Domestic Violence Intervention Order application (DVO) or a Personal Safety Intervention Order Application (PSIO or IVO).

How to get an intervention order

To obtain an intervention order, an applicant must attend the local Magistrates’ Court to make an application in person. The applicant can be assisted by a lawyer or choose to represent themselves. Dribbin & Brown Criminal Lawyers can assist and often do assist applicants to receive immediate protection via an interim intervention order.
The application must set out in detail why an order is necessary to protect the person, i.e. that something amounting to family violence has occurred and that is likely to happen again. It is always wise to get a lawyer to assist in this process.
To become immediately protected by an intervention order, an applicant must apply to the court for an interim intervention order. For more on when the court may impose an interim order, see: interim Personal Safety IVOs and Interim Family Violence IVOs.
It is often far easier to obtain an interim IVO when there has been police involvement. Police can apply on behalf of an affected family member (AFM) in relation to a Family Violence Intervention Order or an affected person (AP) in relation to a Personal Safety Intervention Order

If the police have attended a property and taken out an interim intervention order, then a reverse onus applies. That is, the court must be satisfied that there are no circumstances to justify applying an interim order against the respondent (the person responding to the application).

In practice, it can be very difficult for the respondent to satisfy a court of the above requirement so as to not enforce the interim order, especially when the police have already issued a safety notice. However, it is possible, and each case depends on its specific circumstances. Seeking advice from an experienced criminal solicitor is crucial to fully understand your options and improve your chances.

Purpose and abuse of intervention orders

The legislation aims to protect those who cannot protect themselves through personal safety intervention orders or family violence intervention orders.
The person named in the order is prevented from approaching or stalking the affected person or committing family violence against the affected person. The orders give police the power to immediately arrest someone who does not comply with the above conditions.
Unfortunately, it would seem that in many cases, domestic violence orders and personal safety intervention orders are not being used in the spirit intended by Parliament.

Making false statements

While intervention orders are commonly used to protect men and women who have been the victims of persistent and relentless domestic violence, in some cases, people apply for these orders to fast-track a citizenship application or to secure property rights.
In some cases, this has led to people in Victoria making false statements to secure an interim intervention order or a full intervention order before a Magistrate. Unfortunately, although this amounts to perjury, unless there is categorical proof beyond a shadow of a doubt that the person has lied, it is unusual for the police to do anything about it.

At Dribbin & Brown Criminal Lawyers, we have had some success in having people who have made false statements charged with making a false statement or perjury, but again, only where it is plain that the other party has lied.

When considering an intervention order, it’s important to understand the legal and practical implications. Here are some key points to think about:

Impact on parenting orders

Section 68R(1) of the Family Law Act (Cth) 1975 prescribes that the Magistrates’ Courts have the power to suspend or reinstate a parenting order to the extent that it requires or authorises a person to spend time with a child. This can therefore affect your time with your child, as a parenting order may be altered in response to an intervention order.

Inconsistency between family court and intervention orders

Section 68P allows the Family Court or Federal Magistrates’ Court to make an order or further order that is inconsistent with a family violence intervention order (i.e. it can rescind the order to the extent necessary to rectify any inconsistency). The problem with this is that interim family violence intervention orders can be implemented much faster than a family court order, which can take several weeks.

Impact on custody battles

Under section 60CC(3)(k) of the Family Law Act, a final finding of fact or a finding by consent made at an intervention order hearing allows relevant inferences to be drawn in determining what is in the best interests of the child who is the subject of a custody battle. This makes it advantageous for the other party to seek an intervention order before settling family court proceedings.

Exclusion from the matrimonial home

Section 82 of the Family Violence Protection Act 2008 states that parties can exclude other parties from the matrimonial home. If an interim order is granted, the status quo could remain for 6-12 months until a final finding of fact is made concerning the order.

Read the following articles to see how these orders are being abused:

Unfair intervention orders: What to do

If you think that a respondent is using an intervention order application to obtain an order unfairly, then you should contact Dribbin & Brown lawyers to assess the merits of your case.
We know that people are abusing these orders, and although they are civil in nature, they can have serious repercussions down the track. Allowing a person to obtain an order against you when they shouldn’t can open you up to criminal prosecution.
You should consider that if someone is prepared to lie under oath, either in open court or by way of affidavit, then you should expect that they will later be prepared to lie to police to have charges laid against you for breaching an intervention order.

Why fighting an unjust order early can save you

Sometimes, it is better to spend money fighting one unjust order rather than spend thousands and thousands of dollars later fighting several different false claims in relation to intervention order breaches.
Our advice is that no respondent should ever take these orders lightly. Although it is easy to not turn up to court, that is always a mistake.

How to fight an intervention order

The first thing you should do to fight an intervention order is to engage a criminal lawyer who understands this area of the law. Call our office for a consultation if you are facing an intervention order.

There are several things to consider before fighting an intervention order:

Was an interim order put in place?
Did the police take out the order on behalf of the affected family member (AFM) or affected person?
Are there relevant witnesses or other evidence that might assist in disproving the application?
Are the current or suggested terms of the order untenable?

Any lawyer appearing in this court also needs to understand that the normal rules of evidence do not apply;

See section 65 of the FVPA that states in a proceeding for a family violence intervention order the court may inform itself in any way it thinks fit, despite any rules of evidence to the contrary.
See section 47 of the PSIO Act that states that in relation to proceedings for a personal safety intervention order the court may inform itself in any way it thinks fit, despite any rules of evidence to the contrary.

The practical realities of the above provisions is that in relation to intervention order matters and unlike criminal matters, magistrates will often ignore evidentiary rules like the Hearsay rule by admitting reports without the author being present or allowing family members to recount things that the AFM or affected person have told them happened to them at the hands of the respondent. It is important that any lawyer you engage understands these things and knows how to challenge them.

Contested matters will often progress through the courts from mention hearing to directions hearing and contested hearing. It can be a long process and one that you should engage a lawyer to guide you through.

Like all cases before the courts, early preparation and competent representation are the key to success. If you are facing an intervention order, call our office today.

Breaching an intervention order

If you are facing Domestic Violence charges, you must find a criminal law firm with experience handling Family Violence Intervention Order matters. See ‘Breaching Family Violence Intervention Orders‘ for more.
Alternatively, if you are seeking more information about breaches of a Personal Safety Intervention Order, see ‘Offence for Contravention of Personal Safety Intervention Order‘.

Can a protected person breach an intervention order?

No, a protected person listed on an intervention cannot breach an intervention order. An intervention order is a one way street, meaning, it doesn’t work both ways, unless the other person obtains an intervention order against the protected person. This situation called, cross applications, i.e. where both parties are protected by an order.
The only person that can be in breach of an intervention order is the respondent to that intervention order.
It used to be the case that it was open to the Victoria police to lay an aiding and abetting charge in circumstances where a protected person has contacted a respondent and encouraged the respondent to breach the intervention order. But in 2012, section 125 of the Family Violence Protection Act was introduced which states that a protected person cannot be guilty as an abettor.
The reasoning behind the introduction of this section was discussed in an Australian Law Reform Commission paper in 2010, that raised concerns that ‘The threat of being charged with breaching one’s own intervention order is a technique used by perpetrators of family violence to stop the protected person from reporting the breach of the order’.
What is interesting is there is no similar provision in the Personal Safety Intervention Orders Act, so it does leave open the possibility that a protected person on a PSIO, could be charged with aiding and abet.

Does this mean that a protected person can contact the respondent?

Yes, in relation to Family Violence Intervention Orders, the protected person can and often does contact the respondent. As soon as things turn sour, it is not uncommon for the protected person to contact police and make a statement leading to the respondent being charged. This is not a fair situation, but by virtue of the operation of s125 of the Family Violence Protection Act, people protected by these types of orders can abuse them in this way.
When one of our clients are dealing with this situation, we ensure that we properly understand the nature of the contact because it is always relevant in any plea in mitigation.
The same can’t be said for Personal Safety Intervention orders, as indicated in the above topic, there is no corresponding provision in the PSIO Act, consequently it is conceivable that a protected person attempting to coax a respondent into breaching a personal safety intervention order, could be liable to charged on the basis of aiding and abetting.

When you can apply for legal costs

Both s 154 of the Family Violence Protection Act 2008 (FVPA) and s 111 of the Personal Safety Intervention Order Act 2010 (PSIOA) give the court power to grant costs in certain circumstances. However, both acts outline the court’s general position: ‘Each party to a proceeding for an intervention order must bear the party’s own cost of the proceeding.’ While it is rare that costs will be granted in this jurisdiction, it is not impossible.

Exceptional circumstances for cost awards

A court may make an order for costs if the court decides that there are exceptional circumstances or if the court is satisfied in a particular case that the making of the application was vexatious, frivolous or made in bad faith. This test applies to Family Violence Intervention Orders and Personal Safety Intervention Orders (s 154 and s 111, respectively).

Procedure when the other party is absent

Both acts also provide that if costs are to be awarded against a party and that party is not present, then the court can adjourn proceedings to a later date, providing that a notice for costs will be made on the next occasion.

While there is limited case law on the operation of s 154 and s 111, there is precedent in the Family Court of Australia that a cost order made in family law proceedings in the absence of another party and without notice to that party or without allowing the parties to be heard, is as wrong as a denial of natural justice. See Marriage of Black (1992) 106 FLR 154.

See ‘Frivolous Intervention Orders‘ for more.

The importance of hiring criminal solicitors with experience

When it comes to navigating the complexities of intervention orders, having the right legal support is crucial.

We at Dribbin & Brown Criminal Lawyers handle hundreds of intervention orders and domestic violence cases each year, acting for both applicants and respondents. Our lawyers in Melbourne have years of experience representing clients concerning intervention order applications.

We routinely act for people who have breached intervention orders and are facing police charges. We also act for people who have orders and who cannot get the police to charge the other party for breaching the orders.

Contact our team today

If your matter relates to family violence or stalking, we can help you. If you have been served with papers to attend court or would like to initiate an intervention order application, contact our office and allow one of our domestic violence lawyers to assist you today.

It is crucial to realise that neglecting a court date can lead to severe repercussions. If you ignore a court date and an order is put in place in your absence, it can be quite challenging to reverse the decision. Further, you can potentially be susceptible to abuse by the other party concerning any order breaches.

Many clients find themselves in a better position had they defended the original intervention order instead of facing multiple criminal charges stemming from alleged breaches.

Don’t delay –contact us now for the support and guidance you need.