Intervention orders (IVOs) in Victoria serve as protective measures for individuals facing threats, harassment, or violence.
However, in some cases, intervention orders may be sought on unfounded or exaggerated claims, leading to significant legal and personal consequences for the respondent.
If you are facing an intervention order, it is crucial to understand your legal rights and the defence strategies available to you.
This article explores effective intervention order defence strategies, ensuring you are well-prepared to navigate the legal process and protect your reputation.
Table of Contents
Understanding Intervention Orders in Victoria
In Victoria, intervention orders are issued under the Family Violence Protection Act 2008 (Vic) and the Personal Safety Intervention Orders Act 2010 (Vic). There are two primary types of IVOs:
Family Violence Intervention Orders (FVIOs): These apply to individuals in domestic or family relationships where allegations of family violence exist.
Personal Safety Intervention Orders (PSIOs): These are applicable where there is no family relationship but allegations of stalking, harassment, or assault are made.
A court may grant an IVO if it believes the applicant requires protection from the respondent. Orders can include conditions such as no contact with the protected person, staying away from their home or workplace, and restrictions on communication.
Defending an Intervention Order
If you have been served with an intervention order, defending it requires a well-planned legal strategy. Here are the key defence strategies that can be used:
One of the most effective ways to defend an intervention order is by scrutinising the evidence presented by the applicant. The court requires evidence to establish a pattern of behaviour that justifies the order. Your lawyer can challenge the credibility of the claims by:
Highlighting inconsistencies in the applicant’s statement.
Presenting witness testimony that contradicts the allegations.
Providing digital evidence such as messages, emails, or social media interactions to refute the claims.
Proving that the applicant has a history of making false claims.
Demonstrating that the timing of the order aligns with an ongoing legal dispute (e.g., a custody battle).
Consent Without Admissions
If you prefer to avoid a prolonged court case but do not want to admit fault, you can consent to the order without admissions. This means you agree to abide by the conditions of the order without conceding to the allegations made against you.
This strategy can be useful if:
You want to move on without engaging in a lengthy dispute.
You do not believe fighting the order is worth the time and cost.
You need to protect your reputation, particularly in professional settings.
Although an order granted on this basis is still enforceable, it does not amount to an admission of guilt.
Applying for a Variation or Revocation
If an intervention order is already in place, you may apply to vary or revoke it if circumstances change. Common reasons for seeking a variation include:
You and the protected person have reconciled.
The conditions of the order are too restrictive and impact your employment or family life.
There is no longer a threat or reason for the order to remain in effect.
Your lawyer can assist in making a formal application to the court to amend or cancel the order.
The Importance of Legal Representation
Defending an intervention order on your own can be challenging, as the legal process is complex, and the consequences of an adverse outcome can be severe. Engaging an experienced criminal lawyer ensures that:
Your case is presented professionally and persuasively.
You understand your rights and obligations.
You have access to expert legal advice tailored to your circumstances.
A skilled lawyer can help you explore the best legal strategies and improve your chances of achieving a favourable outcome.
Need Legal Assistance?
If you are facing an intervention order and need expert intervention order defence, Pascoe Criminal Law can help. Our experienced legal team provides tailored advice and strong representation to protect your rights.
Contact Pascoe Criminal Law today for a confidential consultation.
