Legal Support for Intervention Orders in Melbourne
When you are faced with an intervention order, Shamac Lawyers is here to provide you with diligent and astute legal representation. Our team has many years of experience in handling cases involving family violence, personal safety, and breaches of intervention orders. We understand the challenges you face and are committed to protecting your rights and providing the best possible defence.
Because Experience, Knowledge And Advocacy Are Your Best Defence.
What is an Intervention Order?
An intervention order is an order issued by the Magistrates’ Court to protect a person affected by physical, psychological or material harm, by imposing rules or conditions on how the respondent (alleged defendant) can act towards the applicant or other protected persons. The order can prevent the respondent from harassing, threatening, or intimidating the applicant, being near the applicant’s house, contacting them in any way, or damaging property.
Types of Intervention Orders
Personal Safety Intervention Orders (PSIO) and Family Violence Intervention Orders (FVIO).
A PSIO is also known as a “stalking order,” and it’s issued to protect you from assault, sexual offense, harassment, stalking, serious threats, and property damage or interference with property. It can also include derogatory remarks that amount to harassment, publishing materials about a person on the internet, vandalism, and other forms of damage to property. There does not have to be any physical violence experienced.
On the other hand, an FVIO is issued to protect a family member from physical, emotional, sexual, or financial abuse. Family members include relatives and those persons who share intimate personal relationships such as married individuals, de facto or domestic partners. This is also applicable to former spouses and partners. The order can also be used to protect children and other family members. As with a PSIO, with an FVIO there does not have to be any physical violence experienced.
The main difference between a PSIO and an FVIO is that a PSIO is issued against a respondent who is not a family member, while in an FVIO, the respondent is always a family member. Despite this difference, the procedure for applying for an order is the same. You can apply for an order by filling out an application form with the Magistrates’ Court. You will then be interviewed about the circumstances of your application before the case will be set for hearing.
Family Violence Intervention Order
Protects individuals from family members who are violent or threatening. If you have experienced family violence, you can apply for a Family Violence Intervention Order. We can assist you with the application process and represent you in court.
Personal Safety Intervention Order
Protects individuals from non-family members who pose a threat. If you feel unsafe because of someone’s behaviour, you can apply for a Personal Safety Intervention Order. We can assist you with the application process and represent you in court.
Breach of Intervention Order
If you have been charged with a Breach of Intervention Order, you need a lawyer to represent you in court. We can help you build a strong defence and minimise the consequences of the charges.
How to Obtain an Intervention Order in Melbourne?
To obtain an intervention order, an applicant must attend the local Magistrates’ Court to make an application in person. This can be done with the assistance of a lawyer or independently. Interim orders can provide immediate protection and are often facilitated by Police involvement.
While waiting for the schedule of the hearing, an interim order may be issued, which has the same effect as a final order of intervention. This is issued even without notice to the respondent if it can be shown that the affected person is in imminent danger of harmful behaviour by the respondent.
Purpose and Abuse of Intervention Orders
The legislation aims to protect those who cannot protect themselves through personal safety intervention orders or family violence intervention orders. However, misuse of these orders can occur, and it is important to understand the legal implications and seek proper legal advice.
Legal Process and Representation
- Application: Filing for an intervention order requires detailed documentation and understanding of the legal process. Our lawyers assist in preparing and presenting your case effectively.
- Interim Orders: Immediate protection through interim orders can be critical. Our team can expedite this process to ensure your safety.
- Contesting Orders: If you are facing an intervention order unfairly, our lawyers will provide robust defense strategies to protect your rights.
Responding to an Intervention Order in Melbourne?
Agree to an Intervention Order Being Made
You can go to the court hearing and agree to the intervention order being made. This means that you agree to obey the intervention order's conditions. If you agree to the order, a magistrate can make a decision quickly.
Agree to an Undertaking Instead of an Order
ometimes, an applicant will accept an undertaking, which is a written promise to follow certain conditions. If the applicant agrees, their application for an intervention order is withdrawn.
Argue Against the Order
If you do not agree with the application, you can go to the court hearing and argue against the order. This is called contesting. Legal advice before the hearing is recommended.
Ignore the Summons and Do Not Go To Court
If you ignore the summons, the hearing can proceed without you. The magistrate can make an order in your absence.
Consequences of Breaching an Order
Breaching an intervention order is a serious offense. It can lead to severe penalties including fines and imprisonment. Understanding the conditions of the order and adhering to them is crucial. Our lawyers can help explain these conditions and ensure you comply to avoid any legal repercussions.
Why Choose Shamac Lawyers for your Intervention Order in Melbourne
The team at Shamac Lawyers are known for our diligent and astute efforts, backed by many years of experience in court. We take a supportive approach and listen to your side of the story to understand your position. We will negotiate on your behalf, make appropriate submissions to the court, and ensure that the court is made aware of, and understands your position.
- Expertise: Our lawyers have extensive experience in dealing with intervention orders and family law.
- Compassion: We handle every case with the utmost care and sensitivity.
- Results: Our track record speaks for itself with numerous successful outcomes for our clients
- Regards your safety and security first
- We will listen to your side neutrally and takes legal suggestions to court based on your position
- We bring a simple, yet comprehensive list of options to defendants
Expert Legal Guidance for Intervention Orders
If you’re dealing with an intervention order application or require legal advice regarding an interim intervention order, Shamac Lawyers is here to provide expert guidance. Our experienced team offers comprehensive legal support, whether you’re:
- Preparing for an intervention order hearing.
- Listed for a contested hearing.
- Filing a notice of appeal.
For detailed insights, visit our blog, How to Fight an Intervention Order, where we break down the process, explain your rights, and share strategies to navigate court proceedings confidently.
Book Your Consultation
Take the next step with confidence. Schedule a consultation with one of our skilled lawyers for assistance with:
- Initial Consultation: Discuss your case with our experienced lawyers to understand your options and the best course of action.
- Document Preparation: We assist in preparing all necessary legal documents to ensure a strong case.
- Court Representation: Our lawyers provide professional representation in court to advocate for your rights and interests.
Contact Shamac Lawyers today to secure your appointment and take charge of your legal matter. We are committed to providing you with the best possible legal representation to ensure your safety and peace of mind.
Frequently Asked Intervention Order Questions
An intervention order is a court order designed to protect individuals from harassment, threats, or violence.
To obtain an IVO, you must apply at the local Magistrates' Court, either with a lawyer or on your own. The Police may also be able to assist you.
Breaching an IVO can result in severe penalties, including fines and imprisonment.
An application to revoke an IVO can be made to the court. Legal advice is recommended for this process.
It’s essential to note that an Intervention Order is civil in nature and cannot result in a criminal record against the respondent. However, if the respondent breaches the order, he may be held criminally liable and may be penalised with imprisonment or a fine.
The effect of the order usually lasts for one year, but you can apply to vary the order so as to extend it if the respondent still persists with their behaviour, or you feel concerned.