Applying and responding to an intervention order

Family violence & personal safety

Our lawyers regularly appear in Court both on behalf of applicants and respondents to intervention orders. We appreciate that intervention orders regularly interplay with family and relationship law and are able to help clients navigate the Court process and possible means of resolution.

Our holistic approach to our legal practise means that we are able to advise you not only of the impact orders of this nature may have on family law related matters but also on your employment, professional licenses and hobby licenses. Where intervention orders have been made against you, we are able to assist in any applications associated with the reinstatement of those licenses.

How we can assist you

We will help you every step of the way

Contact Us to find out how we can support you.

three steps to The Right Support & advice

Our approach to ensuring proper legal support

Find out how we can help you to reach a successful outcome!

01

Understanding your needs

We ask questions and listen first and foremost in order to ensure that we fully understand your personal, professional and business goals. The outcome you seek to achieve is dependant on your goals. There is very rarely a one size fits all solution.

Our focus is ensuring that we fully appreciate what it is that needs to be achieved and precisely the areas in which our assistance may be required before providing you with strategic and individualised advice.

02

Ensuring the right fit

Once we understand your goals, ambitions, and desired outcomes we then craft the approach that best fits your circumstances. We then make sure that you are teamed with the right lawyer not only for your matter but also one that can achieve the outcome sought within your budget and time schedules.


Your lawyer needs to not only work for you but with you to keep you focussed on your goals and results. Your lawyer must be someone you trust to act in your best interests at all times even on the rare occasion where you may lose sight of what that may be.

03

Providing a tailored service

Once we understand fully how we can be of service to you and once we have paired you with your lawyer that is when we turn our attention towards each possible avenue and strategic pathway available to you in order to achieve your results on time and within your budget.

We believe that in order for you to best decide the next steps you need to be fully armed with all of the information, advantages, and disadvantages associated with each possible course of action. A tailored service by necessity requires a fully informed and holistically advised client.

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Frequently asked questions

We will provide you with the right advice

How do I apply for an intervention order? Can it be done after hours?

Intervention orders may be sought by Victoria Police on your behalf or you may apply for one in person at your local Magistrates Court. Victoria Police will seek an order on your behalf where there has been family violence as reported by you or following attendance to a complaint where family violence has been observed. Victoria Police are able to attend to seeking orders at any time of the day or night.

You can apply to your local Magistrates Court for an Intervention Order online. If it is not safe to apply online, you should contact a lawyer or the Court to discuss your options. We understand that drafting an application in relation to family violence issues can be difficult and we are here to guide you.

What is the difference between a Family Violence Order and a Personal Safety Intervention Order?

A Family Violence Intervention Order is an order made in a Magistrates Court to protect victims of family violence from the perpetrator. This order relates to family members. The law also protects a person from anyone who was a family member in the past.
A Personal Safety Intervention Order is an order made in the Magistrates Court to protect a person from another person who is not related by family.

How can I arrange help for my friend who is in a dangerous situation?

If you are concerned for your friend’s safety, you can apply for an Intervention Order on their behalf and/or report the concerning conduct to Victoria Police. If unsure contact a lawyer without delay.

 

If I have been served with an intervention order against me what are my options in agreeing to it or defending it?

Each situation is different. An Intervention Order is civil in nature however a breach of one is criminal and therefore may result criminal charges being brought against you. In the event that you wish to resolve the matter by agreement you are able to agree to the order without admitting the allegations however it is important that all conditions of the order are considered in order to mitigate against accidental breach. Always seek legal advice.

If I have an intervention order and I need to vary it or change it in any way can I do so?

If Victoria Police prosecuted it for you then you may approach them to seek that they make an application on your behalf to vary the conditions of the order. In the event you obtained an order from the Magistrates Court then you will need to file an application for a variation to the order.

Can I appeal a decision against an intervention order?

In certain circumstances, where the is an error at law, error of fact or error in the application of the law, then you may appeal the decision to grant an intervention order.

Will I need representation in relation to an intervention order when I am applying for one or defending one?

If Victoria Police have sought an intervention order on your behalf then you do not need representation as they will prosecute for you. In the event that you have applied or are defending an intervention order personally then you should seek legal representation to ensure that your interests are advanced. 

 

What can be covered in an intervention order?

Conditions to intervention orders generally centre on not committing acts of family violence, not approaching a person, not approaching a person’s workplace or home, not destroying or damaging property, not getting anyone to do any of those things on your behalf, and not communicating with or publishing information about the protected person.

Does an intervention order override a Family Court order?

In short, no. Intervention orders are subject to Family Court orders in relation to communication and parenting matters. This is subject to however the safety of the children if included in that application. In this event, DHHS and child protective services may become involved and make recommendations that will override any Family Court orders.

Can a Magistrate in an intervention order hearing let me go back to my property to get my things?

You may approach a property to retrieve your items where permitted to do so by the Magistrates Court. Attendance for this purpose either must be in the presence of Victoria Police or an authorised third party that the protected person has agreed to.

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