What is an Intervention Order in Victoria?
In Victoria, an intervention order is a court order which protects a person or persons and their property (the protected) from the aggressive or harassing behaviour of another person (the respondent). The order restrains the behaviour of the respondent by imposing a number of legal conditions. A breach of these conditions may result in the respondent being arrested and criminally charged under the relevant legislation.
In Victoria, there are two types of intervention orders:
- Family Violence Intervention Orders (FVIO)
- Personal Safety Intervention Orders (PSIO)
In Victoria, Family Violence Intervention Orders are legislated under the Family Violence Protection Act 2008 (Vic).
A Family Violence Intervention Order is intended to protect the applicant (and their property) from abusive or harassing behaviour by the respondent (a family member).
The Act states the family violence includes behaviour by a person towards their family member that is:
- Physically abusive (e.g. hitting and kicking);
- Sexually abusive (e.g. using threats to pressure someone into sex);
- Emotionally or psychologically abusive (e.g. verbal or written bullying or taunting);
- Economically abusive (e.g. controlling another person’s finances without consent);
- Threatening (e.g. threatening physical or emotional harm);
- Coercive (e.g. threatening self-harm if the relationship ends); or
- Controlling and dominating causing fear (e.g. threatening to hurt someone else)
Family violence also includes any behaviour that causes a child to hear, witness or be exposed to the effects of any of the above behaviour.
In family violence matters, family members are recognised as:
- Current and previous spouses or domestic partners;
- People who have or had an intimate personal relationship;
- Relatives;
- Children who regularly reside with the respondent (or previously have); or
- Children who have an intimate personal relationship with the respondent (or previously have).
In Victoria, Personal Safety Intervention Orders are legislated under the Personal Safety Intervention Orders Act 2010 (Vic).
Personal Safety Intervention Orders have similar purposes as a Family Violence Intervention Order, except it is used in circumstances where the parties are unrelated (as opposed to family). For example, an unrelated party might include a neighbour, a colleague, an acquaintance or even a stranger.
The Act states that a person can apply for a Personal Safety Intervention Order if they have been subject to the following behaviour from the respondent:
- Assault;
- Sexual assault;
- Harassment;
- Property damage or interference; or
- Making a serious threat.
Applying for and Responding to Intervention Orders in Victoria
If you require professional assistance in applying for or responding to a FVIO or a PSIO, Sher Criminal Lawyers are here to help. We have years of experience advising and representing both applicants and respondents in Intervention Order matters. Our extensive knowledge of the Magistrates Court’s process gives you the best chance at a positive outcome in your matter. Please contact us immediately so that we can provide timely advice as to your legal options.
Â
If the police attend a situation involving family violence, they may search the house and issue a Family Violence Safety Notice. The Notice acts as a form of interim protection and imposes conditions that prevent the respondent from continuing family violence. When the police issue a Notice, they are essentially applying to the Magistrates’ Court for a Family Violence Intervention Order on behalf of the affected family member. The notice itself also serves as a summons for the respondent to attend court on a set date.
An applicant can also obtain a Family Violence Intervention Order by applying in person at the localMagistrates Court. They can choose to be represented by a lawyer or represent themselves.
When an applicant makes an application directly to the Court, they or their lawyer must prove that an Intervention Order is justified in the circumstances.
The respondent will be given the choice to either consent to or argue against a Family Violence Intervention Order being made against them. Alternatively, the respondent may agree to an undertaking (a formal written promise), made out to the applicant and the Magistrate, to follow certain rules.
The Magistrate will grant a family violence intervention order if they are satisfied that:
- The respondent has committed family or domestic violence; and
- The respondent is likely to do so again.
If on the day, the Magistrate cannot finalise the matter, the applicant can apply for an interim intervention order to receive immediate protection (until the Magistrate reaches a decision).
Whether you are applying or responding to a Family Violence Intervention Order, it is important to seek expert legal advice from an experienced criminal lawyer. The outcome of the matter will depend on numerous factors, including but not limited to:
- The circumstances;
- Any evidence suggesting family violence;
- The risk that the respondent poses to the applicant; and
- Existing Family Court orders (e.g. parenting orders).
The application process for a Personal Safety Intervention Order is similar to that for a Family Violence Intervention Order.
The police can apply for a Personal Safety Intervention Order if they believe a person needs protection from another unrelated party.
Otherwise, the applicant can apply directly at the local Magistrates Court by filling out the appropriate form and having an interview with the registrar.
A hearing date will be set at the Magistrates’ Court and both parties will receive a summons. The applicant might receive an interim order in the meantime as protection from the respondent.
The respondent will be given the choice to either consent to or argue against a Personal Safety Intervention Order being made against them. Alternatively, the respondent may agree to an undertaking (a formal written promise), made out to the applicant and the Magistrate, to follow certain rules.
The Magistrates Court will grant a Personal Safety Intervention Order if they are satisfied that the respondent:
- Has previously committed prohibited behaviour against the applicant;
- Is likely to do so again; and
- The conduct would cause a reasonable person to fear for their safety.
Whether you are applying or responding to a Personal Safety Intervention Order, it is important to seek expert legal advice from an experienced criminal lawyer. The outcome of the matter will depend on numerous complex factors.
Conditions Attached to Intervention Orders in Victoria
If a Family Violence Intervention Order is granted, the respondent may be subject to any number of conditions that the Court deems necessary or desirable, including:
- They cannot commit family violence
- Exclusion from the family residence
- Exclusion from approaching or contact certain family members
- Personal property is subject to the directions of the Magistrates Court
- Limited or prohibited child contact
- Suspension or cancellation of their firearms licence
A Family Violence Intervention Order does not give the respondent a criminal record. However, breaching the conditions of the Order is a criminal offence.
If a Personal Safety Intervention Order is granted, the respondent may be subject to any number of conditions that the Court deems necessary or desirable, including:
- They cannot commit prohibited behaviour against the applicant
- They cannot stalk the applicant
- Exclusion from the applicant’s residence
- Exclusion from approaching or contacting the applicant
- Suspension or cancellation of their firearms licence
A Personal Safety Intervention Order does not give the respondent a criminal record. However, breaching the conditions of the Order is a criminal offence.
Criminal Charges Related to Contravening Intervention Orders in Victoria
If you have been charged with contravening a FVIO or a PSIO, Sher Criminal Lawyers is here to help. We have years of experience advising and representing clients in Family Violence and Intervention Order matters. Our specialist family violence lawyers analyse each case on its own merits and assess which legal options will result in the best possible outcome.
Â
Â
It is a criminal offence to breach the terms and conditions of a Family Violence Intervention Order. The Family Violence Protection Act 2008 (Vic) legislates offences related to contravention of such orders.
Offences related to the contravention of Family Violence Intervention Orders include:
- Contravention of a Family Violence Safety Notice (s37): maximum sentence of 2 years imprisonment or a fine of 240 penalty units or both.
- Contravention of Family Violence Safety Notice intending to cause mental or physical harm or fear for safety (s37A): maximum sentence of 5 years imprisonment or a fine of 600 penalty units or both.
- Contravention of Family Violence Intervention Order (s123): maximum sentence of 2 years imprisonment or a fine of 240 penalty units or both.
- Contravention of Family Violence Intervention Order intending to cause harm or fear for safety (s123A): maximum sentence of 5 years imprisonment or a fine of 600 penalty units or both.
- Persistent contravention of Family Violence Safety Notice and Intervention Orders (s125A): maximum sentence of 5 years imprisonment or a fine of 600 penalty units or both.
- Contravene Family Counselling Order (s130): maximum sentence of 10 penalty units.
The value of one penalty unit in Victoria is around $165.
Charges that impose a maximum sentence of up to 2 years imprisonment are considered summary offences and are heard in the Magistrates Court of Victoria. Serious charges that carry a maximum sentence greater than 2 years imprisonment are indictable and are heard in the County Court. However, it is possible (and preferable for the defendant) in some circumstances to have indictable charges heard summarily in the Magistrates Court.
There are several elements that the Court must consider in matters regarding the contravention of intervention orders. It is crucial for defendants to obtain expert legal advice as early as possible, to protect their legal interests and assess viable legal options and defences. A verdict of guilty or not guilty might hinge on factors such as:
- Relevant and admissible evidence;
- The nature and circumstances of the offence;
- Intent; and
- Any other elements of the offence.
Under Section 100 of the Personal Safety Intervention Orders Act 2010 (Vic), it is a criminal offence to breach the terms and conditions of a Personal Safety Intervention Order.
The maximum penalty for an offence under Section 100 of the Act is 2 years imprisonment or a fine of 240 penalty units or both. The value of one penalty unit in Victoria is around $165.
There are several elements that the Magistrates Court must consider in matters regarding the contravention of Personal Safety Intervention Orders. It is crucial for defendants to obtain expert legal advice as early as possible, to protect their legal interests and assess viable legal options and defences. A verdict of guilty or not guilty might hinge on factors such as:
- Relevant and admissible evidence;
- The nature and circumstances of the offence;
- Intent; and
- Any other relevant considerations.
Do you need a Family Violence or Intervention Order Lawyer in Victoria?
Are you applying or responding to a Family Violence Intervention Order or Personal Safety Intervention Order? Have you been charged with contravening the conditions of an Intervention Order?
Please contact Sher Criminal Lawyers immediately. Our team of specialist lawyers is highly experienced in Intervention Order matters and prides itself on outstanding results.
We expertly analyse each case on its own merits and assess which legal options will result in the best possible outcome for you and your family. Our criminal lawyers frequently appear before Magistrates Courts all around Melbourne and wider Victoria, assisting clients to apply, respond, and defend charges in relation to Intervention Orders.
Please get in touch and ask for a free consultation by way of Zoom, Facetime, or in person at our Melbourne or Moorabbin offices. Our specialist Intervention Order lawyers are available 24/7 and here to help in your time of need.
Recent news
Recent news
