Family/ Domestic Violence or Personal Safety Intervention Orders
Family Violence
Shan lawyers is your dedicated family law firm in the southeastern suburbs (McKinnon, Chadstone, Glen Waverley, Dandenong, Carrum Downs) and across Melbourne here to assist you with cases of domestic violence which often involve intervention orders to protect you, your children, and your property from a family member, your partner or your ex-partner. We understand it is a stressful and difficult situation, so we take an empathetic and compassionate approach to help you navigate it as best as possible.
We are here to provide you with the best guidance at every step of your legal matters!
Family Violence Intervention Orders
We’ve been trusted to guide you through complex and emotionally charged situations.
1. What is an Intervention Order?
An intervention order, also known as a family violence intervention order (FVIO), domestic violence order (DVO), family violence order, apprehended violence order (AVO), violence restraining order (VRO) or protective order in other states and territories, is a court order issued to protect individuals from family or domestic violence or safety concerns or risks.
2. What is family violence?
If your spouse uses abusive behaviour to control, threaten or dominate you, often causing fear. It can be physical abuse, sexual abuse, emotional or psychological abuse or financial abuse.
If your children hear, see, or are around family violence in any way, they are also a victim of family violence.
If you are in immediate danger or risk or fear, please contact 000.
Along with intervention orders there are often parenting arrangements to be made if there are children involved and ensure you seek the right legal advice for your parenting arrangements.
3. What are the conditions typically included in a family violence intervention order?
The conditions are put in place to ensure the safety and well-being of the affected individuals. They aim to ensure the safety of an affected family member, their children, and property. The order is a legal document that mandates the person committing family violence, referred to as the respondent, adhere to specific conditions.
For example, they must refrain from contacting the affected individuals or coming near their residence or workplace, damaging any property. The respondent must also maintain a certain distance from the affected person and their property and cannot damage or interfere with the affected person’s property. The respondent must also not engage in harassment or threats, and they must refrain from specific behaviours.
Other conditions may be applied based on individual circumstances. For more information, contact Shan Lawyers.
4. Who are the family members?
For the purpose of family violence intervention orders, family members are individuals who share an intimate personal relationship. This includes spouses, defacto partners, domestic partners (regardless of whether there is a sexual relationship), parents, children (including stepchildren and children of an intimate partner), relatives by birth, marriage or adoption, as well as people you treat like family members such as a carer, guardian, or extended family member.
5. What is a personal safety intervention order?
A personal safety intervention order is a legal order issued to protect a person from non-family members. This can include individuals such as a neighbour, friend, work colleague, employer, employee, tenant, landlord, student or even a stranger. The order is intended to prevent harassment, stalking, threats, or other unwanted behaviours by setting specific conditions that the respondent (a person against whom the intervention order application is made) must follow.
6. Who can assist with getting an intervention order?
If you are in immediate danger or at risk, you can contact 000. The police will conduct a risk assessment and may issue a family violence safety notice. If the police are satisfied that you are at immediate risk they will apply for an intervention order on your behalf, which becomes a police application. The police will assist you with the process.
If you are not in immediate danger, you may need to submit an intervention order application yourself. You can lodge an online application for a family violence intervention order to be heard at all court locations.
See the court website to apply now. If you cannot apply online, you can download an application form from the Magistrates’ Court website or apply for an order at your local Magistrates’ Court. Shan Lawyers are here to help guide you with your application so speak to us today about submitting an application for an intervention order in Victoria.
Please note: You may also be eligible to receive family violence support services from other organisations like:
7. What will happen if you disobey the conditions set out in the Intervention Order?
The respondent must obey the order as stated. Failure to comply with any condition is considered a breach or contravention of the order. If the respondent breaches the court order, they could potentially face criminal charges, fines and imprisonment. If you are unsure or need to know more Contact Shan Lawyers.
8. Can the respondent challenge the intervention order application filed against them?
Yes, if you have been served with the intervention order application containing false allegations.
9. Can I self-represent in an intervention order application issued against me?
Yes, you can self-represent in an intervention order application. However, there are limitations you should be aware of. For example, if you choose tocontest the intervention order application, you will not be allowed to personally cross-examine the affected family member. This is to ensure the process remains fair and non-intimidating. If you decide to contest the application, contact Shan Lawyers to fully understand the process and your options.
10. What is cross-application in intervention orders?
A cross application occurs when both parties involved in a family violence dispute apply for intervention orders against each other. This can happen when each party claims to be a victim of family violence and seeks protection from the other. In such cases, the court will consider both applications and the evidence presented to determine if orders should be granted and under what conditions.
If a cross application is made, both parties should seek legal advice to understand their legal rights and obligations. The court may hear both applications together and make separate decisions on each, depending on the circumstances.
11. What happens if an intervention order is issued against a person who holds a temporary visa in Australia?
If you’re a temporary visa holder and have an intervention order issued against you, it may impact your visa status. The Department of Home Affairs may view the order as evidence of not meeting character requirements, potentially leading to visa cancellation or refusal of future visa applications. Therefore, it is important for you to consult with our team once you have been served on the intervention order application.
Intervention Order Lawyers Melbourne
Shan Lawyers is a small family law firm here to assist you with any enquiries related to intervention orders in Melbourne and greater Victoria. Discuss your unique situation with our team and get expert legal guidance that’s tailored for your circumstances. We understand that every situation is different so we will always customise our advice to your personal requirements.
Get in touch to discuss intervention order matters and other domestic violence issues. We will support you every step of the way!