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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.
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.
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.
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.
Sometimes, 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.
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.
If you ignore the summons, the hearing can proceed without you. The magistrate can make an order in your absence.
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.
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.
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.
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.
Take the next step with confidence. Contact Shamac Lawyers to schedule a consultation with one of our skilled lawyers. During the initial consultation, you can discuss your case with our experienced team to understand your options and determine the best course of action. We assist in preparing all necessary legal documents to ensure a strong case and provide professional representation in court to advocate for your rights and interests. We are committed to providing the best possible legal representation to ensure your safety and peace of mind.
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