Cross-Applications in Intervention Order Cases

A cross-application in an Intervention Order case occurs when both parties involved apply for orders against each other, complicating the legal process and requiring careful judicial consideration.

In Victoria, Intervention Orders are critical legal tools designed to protect individuals from harmful, abusive, or threatening behaviour.

However, legal complexities can arise when both parties involved in a dispute apply for Intervention Orders against each other. These are known as cross-applications, and they can significantly impact the legal process and the resolution of intervention disputes.

This article explores the concept of cross-applications in Intervention Order cases, focusing especially on situations where a person is served with an Intervention Order by the police, and how to respond if the other party lodges a cross-application.

What Is a Cross-Application in an Intervention Order Case?

A cross-application occurs when two parties involved in an interpersonal conflict each apply for an Intervention Order against the other. Typically, this involves an Application for a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO).

For example, if you are served with an Intervention Order by the police on behalf of Person A, and you then apply for an order against Person A due to their conduct, this creates a cross-application situation. Cross-applications can arise in both family violence and personal safety matters and are not uncommon in emotionally charged or complex disputes.

Reasons Behind Cross-Applications

There are various reasons why cross-applications might be made:

Retaliation or Strategic Advantage: One party may file a cross-application in retaliation, particularly if they believe the initial application was unjust or exaggerated.
Mutual Conflict: Both parties may genuinely feel threatened or unsafe due to each other’s behaviour.
Legal Defence: A cross-application may be used as a legal tactic to counterbalance the allegations made in the original application.

Understanding the motive behind a cross-application is vital to assessing the validity and appropriateness of both claims.

What to Do If You Are Served with an Intervention Order by Police

Being served with an Intervention Order by Victoria Police can be distressing and confusing. It’s important to understand that:

The police may apply for an Interim Intervention Order on behalf of the alleged affected family member if they believe family violence has occurred.
This is a civil order, not a criminal conviction, but breaching it is a criminal offence.
You have the right to challenge the order in court and to make a cross-application if you believe the other party's behaviour warrants protection.

The Legal Process for Cross-Applications

In Victoria, cross-applications follow the same procedural framework as standard Intervention Order applications. However, the court takes special care to handle them impartially and fairly.

Key Steps Include:

Application and Filing: You may lodge your own application in response to being served, detailing any abuse, threats, or fear caused by the other party.
Mention Hearing: The court may list both applications together to ensure consistency and avoid contradictory rulings.
Interim Orders: The police-initiated order may be in force until the matter is decided. The court may also issue an interim order for your protection if you file a cross-application.
Contested Hearing: If no agreement is reached, both parties present their evidence and arguments in court.

Challenges Arising from Cross-Applications

Cross-applications can complicate the legal process significantly. Here are some common challenges:

1. Bias and Credibility Issues

When both parties make allegations against each other, determining the credibility of each claim becomes difficult. The court must consider whether:

One application is retaliatory or vexatious.
There is a power imbalance between the parties.
The evidence supports one or both of the applications.

2. Procedural Complexity

Cross-applications require careful scheduling and judicial consideration. Courts must ensure that decisions in one matter do not unfairly prejudice the other, which may involve:

Joint hearings.
Separate consideration of each application.
Independent legal representation.

3. Impact on Children and Family Dynamics

In family violence cases, cross-applications can further strain family relationships and complicate parenting arrangements. Courts will prioritise the safety and welfare of children, but conflicting allegations can cloud the real issues and delay protective measures.

4. Risk of Misuse

There is a risk that one party might misuse the Intervention Order process by filing a cross-application solely to manipulate the system or harass the other party. Courts are aware of this potential and assess each case carefully to identify such misuse.

Court Considerations in Cross-Application Cases

Magistrates in Victoria are experienced in dealing with cross-applications and follow established principles to guide their decisions:

Assessing Risk and Safety: The court must determine which party is more at risk and whether mutual orders are necessary.
Primary Aggressor Test: In family violence cases, the court may attempt to identify the primary aggressor, rather than treating both parties as equally responsible.
Separate Legal Advice: Courts often encourage both parties to seek independent legal advice, especially when cross-applications suggest complex interpersonal dynamics.
Alternative Dispute Resolution: Mediation may be inappropriate in family violence matters, but in personal safety disputes, courts might suggest alternative dispute resolution to avoid lengthy litigation.

Outcomes of Cross-Applications

Depending on the evidence presented and the court's assessment, several outcomes are possible in cross-application intervention disputes:

Both Orders Granted: If both parties present credible threats or evidence of harm, the court may issue Intervention Orders against both.
One Order Granted: If only one application is substantiated, the court will dismiss the other.
Both Applications Dismissed: If neither party proves their case, the court may dismiss both applications.
Mutual Undertakings: In some, infrequent instances, parties agree to mutual undertakings in lieu of formal orders, avoiding a formal court order but committing to certain behaviours.

Importance of Legal Representation

Legal representation is crucial in cross-application matters due to their inherent complexity. An experienced criminal or family lawyer can:

Help gather and present evidence.
Advise on the strength of your application or defence.
Represent you at court and negotiate outcomes.
Identify if the cross-application is genuine or strategic.

Especially in emotionally charged situations, a lawyer helps maintain objectivity and ensures your rights and safety are protected.

How to Respond to a Cross-Application

If you are served with a cross-application:

Stay Calm: Avoid retaliatory actions or contacting the other party in breach of existing orders.
Seek Legal Advice Immediately: A lawyer can assess your situation and guide your response.
Gather Evidence: Collect texts, emails, witness statements, and other materials that support your version of events.
Attend Court Hearings: Missing a hearing may result in an order being made against you by default.

Timely and strategic legal action can influence the outcome significantly.

Prevention and Resolution

While not always avoidable, cross-applications can sometimes be prevented or resolved early through:

Counselling or Mediation (where appropriate): Useful in personal safety disputes.
Clear Communication: Avoid inflammatory messages or confrontations that could escalate conflict.
Early Legal Intervention: Consulting a lawyer early can prevent unnecessary escalation.

Final Thoughts

Cross-applications in Intervention Order cases add a layer of complexity to already challenging legal disputes. While they can sometimes reflect genuine mutual concerns, they can also be misused or arise from misunderstandings. The Victorian legal system is equipped to manage these disputes fairly, but navigating them requires careful strategy, strong evidence, and professional legal support.

Contact Pascoe Criminal Law for Expert Legal Advice

If you are involved in a cross-application intervention case or have been served with an Intervention Order by police, don’t face the legal process alone. Contact Pascoe Criminal Law for experienced legal representation and advice tailored to your situation.

Let us help you protect your rights and achieve a fair outcome.