In Victoria, intervention orders are essential legal tools that protect individuals from threats, harassment, and violence. These court-issued orders restrict the behaviour of one party to safeguard the well-being and safety of another.
Understanding the different types of intervention orders in Victoria is crucial for those seeking protection or responding to legal action.
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What is an Intervention Order?
An intervention order (IVO) is a Court Order issued by the Magistrates' Court of Victoria.
It aims to prevent individuals from engaging in harmful, threatening, or abusive conduct towards others.
Often these behaviour alleged in an application will give rise to a criminal prosecution. Breaching an intervention order is a criminal offence, and serious penalties apply.
The court tailors the conditions of the order to address the specific circumstances of the case. Importantly, intervention orders not only protect the applicant but may also extend to other family members, friends, or colleagues who could be at risk.
There are two primary types of intervention orders in Victoria:
Family Violence Intervention Orders (FVIOs)
Personal Safety Intervention Orders (PSIOs)
These orders differ in terms of the relationships they address and the types of protection they offer.
Family Violence Intervention Orders (FVIOs)
Family Violence Intervention Orders are designed to protect individuals from violence perpetrated by a family member.
The Family Violence Protection Act 2008 governs these orders, covering a wide range of family violence behaviours including physical, emotional, financial, and psychological abuse.
Family violence can severely impact victims, leading to long-term psychological trauma, financial hardship, and physical injury. The FVIO seeks to interrupt patterns of abuse and provide a clear legal framework to ensure the safety and well-being of affected individuals.
Who Can Apply for a FVIO?
A person experiencing family violence can apply for a FVIO. Applications can also be made by police officers, family members, or legal representatives on behalf of the affected individual.
In cases where children are at risk, the court can include them as protected persons within the order.
What Constitutes Family Violence?
Family violence includes but is not limited to:
Physical assault or harm
Threats of violence
Stalking or harassment
Coercive control
Property damage
Financial abuse
Psychological abuse or intimidation
Additionally, family violence can include situations where a child overhears, witnesses, or experiences the effects of such behaviours. The law recognises that children exposed to family violence can suffer significant emotional and developmental harm.
Conditions of a FVIO
A FVIO can impose various conditions, such as:
Prohibiting the respondent from contacting (by any means) or approaching the protected person
Preventing the respondent from attending the protected person’s home, school, or workplace
Restricting communication through any form of social media or messaging
Mandating the respondent to surrender firearms or weapons
Requiring the respondent to vacate the shared residence
FVIOs are critical in protecting victims from further harm and ensuring their safety. Violations of FVIOs can result in significant legal penalties, including imprisonment.
Personal Safety Intervention Orders (PSIOs)
Personal Safety Intervention Orders provide protection from individuals who are not family members. This order is governed by the Personal Safety Intervention Orders Act 2010 and typically addresses harassment, stalking, and other threatening behaviour.
The purpose of PSIOs is to address conflicts that arise outside of familial relationships, such as disputes with neighbours, acquaintances, work colleagues, or even strangers. This ensures that victims of persistent threats or intimidating conduct receive the necessary legal protections.
Who Can Apply for a PSIO?
Any person who feels threatened, harassed, or stalked by someone outside their family can apply for a PSIO. This includes neighbours, acquaintances, colleagues, or strangers. Organisations, schools, and workplaces can also seek PSIOs to protect staff and students from external threats.
Grounds for a PSIO
A PSIO can be sought in cases involving:
Stalking
Harassment
Physical assault
Threats of harm
Sexual harassment
Property damage
The application can include evidence of persistent unwanted contact, threatening messages, or disturbing patterns of behaviour. The court takes into consideration the frequency and severity of the incidents to determine the necessity of an order.
Conditions of a PSIO
Similar to FVIOs, PSIOs can include conditions such as:
Prohibiting contact or communication with the protected person
Preventing the respondent from coming within a specified distance
Prohibiting stalking or following the protected person
Banning offensive behaviour in public
A PSIO is vital for individuals experiencing persistent harassment or threats outside of the family context. Breaching a PSIO can lead to criminal charges, reinforcing the seriousness of non-compliance.
How to Apply for an Intervention Order
Applications for intervention orders can be made at the Magistrates' Court of Victoria. The process generally involves:
Filing an Application: This can be done in person or online. A registrar will assist in completing the necessary forms.
Interim Order: In urgent cases, the court may issue an interim order to provide immediate protection until the final hearing. This step is crucial when there is an immediate threat to safety.
Hearing: Both parties have the opportunity to present evidence and make submissions before the Magistrate issues a final order. Legal representation can enhance the chances of a favourable outcome.
Police officers may also apply for intervention orders on behalf of victims if they believe there is an immediate risk of harm. This approach is often used in situations involving domestic violence.
Breaching an Intervention Order
Breaching the conditions of an intervention order is a criminal offence in Victoria. If found guilty, the respondent may face penalties, including:
Fines
Imprisonment
Criminal charges that impact future employment and travel
It is essential to adhere strictly to all conditions specified in the order to avoid severe legal consequences. Courts take breaches very seriously, as they pose a direct threat to the safety of protected persons. For further details, please visit our detailed article on breach intervention order offences.
Legal Protections and Support
The Victorian legal system offers robust protections for victims of family violence and harassment. Additionally, support services are available to help individuals navigate the legal process, including:
Victoria Legal Aid
Family Violence Services
Counselling and Support Networks
Community Legal Centres
These services provide crucial assistance in preparing applications, attending court, and understanding the legal obligations involved.
Seeking Legal Assistance
Navigating the legal complexities of intervention orders can be challenging. Seeking expert legal advice ensures that individuals understand their rights and obligations.
Whether you need assistance applying for an intervention order or defending against one, professional legal guidance can make a significant difference.
If you require advice or representation regarding intervention orders in Victoria, Pascoe Criminal Law can provide expert assistance. Contact us today to discuss your situation and protect your legal rights.
