An Intervention Order Lawyer Can Help

Intervention orders are court orders issued to protect an affected family member (known as an affected family member) from violence and harassment, both domestically and non-domestically. They can be issued both when domestic abuse or non-domestic abuse situations arises.

Intervention Order Lawyers criminal lawyers offer exceptional intervention order representation and can assist with all Magistrates Court proceedings in Melbourne. Our Melbourne-based intervention order lawyer can represent and defend clients against intervention orders issued.
The application process

If your safety or that of another is in danger, an intervention order can provide necessary protections. A lawyer experienced with intervention orders can assist in this process.

You will need to attend the Magistrates Court (External link) and file your application in person. If you are uncertain as to how best proceed or are concerned for yourself or others' safety, call police immediately on Triple Zero (000).

Typically, court proceedings require you to present evidence such as text messages, emails or witness testimonies as proof in your case. An intervention order lawyer can offer guidance as to which types of evidence may prove most helpful in supporting your argument.

If you are applying on behalf of an adult with incapacity, details on any steps taken to ascertain their past and present wishes and feelings are necessary. This may involve seeking a guardianship order which will enable you to take one-off actions and make decisions on their behalf.
The court’s decision

Once a magistrate decides on an intervention order's validity and duration, they will outline its conditions and duration. Both applicants and respondents need to fully comprehend what this order entails as it could have far-reaching effects in family law proceedings (such as parental rights issues and property matters) or immigration applications.

Once an order has been approved, its enforcement can be violated by police, leading to potentially serious repercussions for its respondent. As soon as you realize a PSIO may have been filed against you, seek legal advice immediately from an experienced intervention order lawyer.

Family Violence and Personal Safety Intervention Order legislation contains provisions for appeals and rehearings of Family Violence and Personal Safety Intervention Order decisions, with appeals through district courts while rehearings are heard before Magistrates courts. For both processes to work properly, specific legal advice will need to be obtained as each case differs greatly.
Appeals

Intervention orders provide protection to anyone who believes they are being subjected to acts of violence, stalking or other forms of harassment from another individual. Although an intervention order does not appear on criminal records, police may enforce its terms if violated and arrest individuals for breaching them.

An order that lasts over time must only be decided after being discussed at an official hearing by a magistrate who listens to evidence presented from both parties involved - the applicant (person seeking an order) and those against whom it is sought (respondents). If you feel there are compelling grounds to change or remove an intervention order, court intervention could be pursued accordingly.

Intervention orders require extensive legal work that may include multiple meetings and hearings before coming to fruition. Hiring a specialist lawyer who specializes in intervention orders may help with this complex and lengthy process.
Removing or changing an order

At any police station, anyone can file for an intervention order that will restrict the behaviour of another individual in the short term and place certain restrictions around where they can come close to certain properties, like homes and workplaces. An intervention order might even include provisions prohibiting them from coming within certain distance of these properties - something an intervention order won't guarantee.

If police discover an imminent risk of harm, they may immediately issue an interim order until all evidence has been presented before a court and made its determination on a permanent order.

If an intervention order is found to be unfair or inaccurate, a person can challenge it either through appeal or having the matter reheard. In order to do this successfully they will need clear reasons why they disagree with its decision and their application supported by a family law expert.