An intervention order lawyer can assist in helping you understand your legal rights, construct a strong defense strategy and represent you in court. They may also help collect evidence and enforce an order if breached.
Breaches of an IVO are considered criminal offenses. As having one against you can have serious repercussions, legal advice should be sought immediately in this process.
Application
Intervention orders provide protection from abusive behavior that could include physical violence as well as psychological, emotional and/or financial abuse.
An application must be filed through the Magistrates Court by either an Affected Person themselves, or on their behalf through Victoria police. Once submitted, the registrar of Magistrates Court will consider it and if they believe that there is immediate danger facing Protected People they can issue an Interim Intervention Order that will be served upon Respondent by Victoria police and will take immediate effect.
Respondents of an application often feel pressure from family, friends and employers to consent to a contested intervention order being issued against them. Therefore it is vitally important to obtain early and competent legal advice prior to agreeing on any deal with police or applicants regarding an intervention order matter.
Contested hearing
An intervention order lawyer will assist in the preparation of your case for contest hearing. They can represent you at court proceedings if the matter does go that far and cross-examine witnesses and make legal arguments on your behalf as well as assist with collecting evidence to support your defence strategy.
The prosecution will provide you or your lawyer with a brief of evidence, such as witness statements, CCTV footage and police interviews. An intervention order lawyer can review this brief of evidence and assess if any is inadmissible at a contested hearing.
Breaching an Intervention Order is a serious criminal offence. If you breach such an order, police will arrest and charge you with criminal acts. To protect your own safety and ensure your own wellbeing, it is advised that you seek legal advice from an experienced family law solicitor who can advise specifically on whether a family violence intervention order would be suitable in your situation.
Undertaking
An undertaking is a promise to do or refrain from doing something, typically made during legal proceedings or business negotiations and can bind both parties involved. An undertaking may also be used as leverage against another party in an attempt to obtain concessions from them.
Process of obtaining an intervention order can be time consuming and require multiple hearings at the Magistrates Court, depending on individual circumstances it could take over 12 months before reaching a final contested hearing.
At first appearance, there will be an initial mention hearing, otherwise known as an Initial Mention or Mention of Application. At this hearing, a police member conducting the risk assessment will investigate any further family violence incidents and allegations from either Applicant or Affected Family Member and make a preliminary determination as to whether an Intervention Order should be granted.
Enforcement
An intervention order may have serious repercussions for an individual, including being prohibited from owning and using weapons, restricted contact with certain people or places, work-related activity restrictions and criminal sanctions for breaching it. It is therefore crucially important for someone involved in this process to have appropriate representation by an experienced intervention order lawyer during this process.
An application must be filed via either the court website or personally at a magistrates court. A registrar reviews your submission, and if urgent an interim order may be issued directing Victoria police to serve it upon the respondent.
If the matter is contentious, the court will set another date for hearing evidence and direct that it moves towards trial - including listing it for a contested hearing. At trial, the court will determine whether and under what terms an intervention order applies. During the trial itself, neither side can ask any person protected by such orders any questions; cross examination can only occur by someone the court nominates as opposing counsel.
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