Intervention orders play a critical role in protecting individuals from harm, harassment, or intimidation.
In Victoria, these orders fall under two categories: Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs). Both types serve to prevent further harm, but they apply in different circumstances.
Understanding the grounds for intervention orders and the legal evidence required to obtain one is essential for both applicants seeking protection and respondents defending against an order.
This article explores the legal framework, the evidence needed, and how intervention laws operate in Victoria.
Table of Contents
Types of Intervention Orders in Victoria
In Victoria, intervention orders are governed by the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act 2010. The type of order required depends on the relationship between the affected parties.
1. Family Violence Intervention Orders (FVIOs)
An FVIO is issued when an individual seeks protection from a family member who has engaged in family violence. Under Victorian law, family violence includes:
Physical abuse – assault, hitting, or causing physical harm
Sexual abuse – any non-consensual sexual behaviour
Emotional or psychological abuse – intimidation, threats, or humiliation
Economic abuse – controlling access to money or financial resources
Coercive control – restricting freedom or isolating someone from support
Damage to property – destruction of personal belongings
Threats and harassment – any conduct that makes a person fear for their safety
Children exposed to family violence, even indirectly, can also be protected under an FVIO. This includes cases where children witness abuse or are used as tools to manipulate a victim.
2. Personal Safety Intervention Orders (PSIOs)
A PSIO is issued when the alleged violence or harassment comes from someone who is not a family member, such as:
Neighbours
Friends or acquaintances
Work colleagues
Strangers
A PSIO can be sought if a person has experienced stalking, harassment, threats, or assault from a non-family member. These orders help ensure that the respondent does not continue engaging in harmful behavior.
Grounds for Issuing an Intervention Order
For a magistrate to issue an intervention order, the applicant must establish valid grounds. These include:
1. Evidence in support of Family Violence or Prohibited Behavior
One of the main factors in issuing an intervention order is whether the applicant can adduce credible and relevant evidence to support an allegation of family violence or prohibited behavior (depending upon the type of intervention order sought), and the Affected Family Member or Protected Person can demonstrate a fear that the alleged behavior will be repeated.
2. Pattern of Behavior
Courts will also consider whether a respondent to an intervention order has demonstrated a pattern of behavior, including repeated intimidation, harassment, or stalking, as evidence of escalating risk.
3. Impact on Children
If children are affected by family violence, the court may issue an FVIO to ensure their safety. Even if the violence is directed at an adult, children who witness abuse are considered at risk and may be included in the order.
Legal Evidence Required for an Intervention Order
To successfully obtain an intervention order, the applicant must present sufficient legal evidence to support their case. The court considers various types of evidence, including:
1. Statements and Testimonies
Affidavits – Written statements from the applicant detailing the incidents
Police reports – If law enforcement was involved, their reports can provide crucial evidence
Witness statements – Testimonies from friends, family, or neighbours who have observed the abuse
2. Physical and Digital Evidence
Medical records – If physical injuries resulted from violence, medical reports can support the claim
Photographic evidence – Images of injuries, damaged property, or threatening messages
Text messages, emails, and social media posts – If the respondent has made threats or engaged in harassment online, these records can be used as evidence
3. Police and Court Records
If the respondent has a history of violence or previous intervention orders, this can be relevant in court
Any breaches of previous orders strengthen the case for a new order
Process for Applying for an Intervention Order in Victoria
The process of obtaining an intervention order typically follows these steps:
Filing an Application – The applicant must complete a form at their local Magistrates' Court or seek assistance from the police.
Interim Order Hearing – In urgent cases, a magistrate may issue an interim order without the respondent being present.
Serving the Order – The respondent is formally notified and has an opportunity to respond.
Directions Hearing – The Court schedules a Final Hearing, and there is discussion between the parties as to the relevant issues to be tried at the hearing.
Final Hearing – Both parties present evidence, and the magistrate decides whether the evidence on the balance of probabilities a finding that the respondent engaged in family violence (for a Family Violence Intervention Order) or prohibited behaviour (for a Personal Safety Intervention Order) can be made, and if so will Order the respondent comply with a Final Order.
Compliance and Breaches – If the respondent violates the order, they can face criminal charges, including fines and imprisonment.
Defending Against an Intervention Order
A person who has been served with an intervention order has the right to defend themselves. They can challenge the order by:
Presenting their own evidence and witnesses
Demonstrating that the allegations are false or exaggerated
Proving that the conduct does not constitute a real threat
If the respondent believes the order is unfair, they can request a court hearing to dispute it.
Penalties for Breaching an Intervention Order
A person who breaches an intervention order in Victoria can face serious legal consequences. Under the Crimes Act 1958 (Vic), penalties for breaching an order include:
Recording of a criminal conviction
Substantial fines
A maximum of 2 years imprisonment
Further legal restrictions and consequences (prohibited person status for the purposes of firearms)
Even an accidental breach (e.g., unintentionally contacting the protected person) can result in legal action. It is crucial for respondents to understand and comply with the terms of an intervention order.
Seek Legal Assistance for Intervention Orders
If you need to defend against an intervention order, obtaining expert legal advice is crucial. A qualified lawyer can help you navigate Victoria's intervention laws and present a strong case in court.
Need Legal Help? Contact Pascoe Criminal Law
Whether you are seeking protection or defending against an intervention order, Pascoe Criminal Law can provide expert legal guidance. Contact us today for professional advice tailored to your situation.
