It is safe to say that intervention order procedures are something that most of us never want to experience. Unfortunately, in certain circumstances, many individuals find themselves going through the process of trying to get intervention orders in Victoria. In dangerous situations, an intervention order can help protect you and your family from anyone who is violent towards you or makes you feel unsafe. In today’s article, we have a look at how intervention orders and family law work in Victoria, so read on to find out more.
Understanding the 2 Types of Intervention Orders
To fully grasp exactly how intervention orders in Victoria work, we have to hone in on the 2 variants that exist.
1. Family Violence Intervention Order
A family violence intervention order is something that will assist in protecting an individual from a violent or dangerous family member. This can include parents, children, spouses and relatives that may pose a threat to the safety and wellbeing of an individual.
2. Personal Safety Intervention Order
A personal safety intervention order is another type of intervention order that serves to protect an individual from anyone outside the family who may be violent towards them or pose a threat to their safety and wellbeing. This can include colleagues, friends, flatmates or anyone who is deemed a danger to an individual’s safety.
What Does an Intervention Order Entail?
An intervention order, whether it be a family order or a personal one, contains rules and “conditions” about how the respondent (the person the intervention order is made against) can behave towards the protected person. This can include conditions regarding proximity, contact (both in-person and online) and any other conditions that are included in each unique case. The respondent is legally obliged to follow the conditions of the order and will face legal repercussions if they fail to do so.
An intervention order can stop the respondent from intimidating, harassing or threatening you, visiting your home or workplace, contacting you in any way and damaging your vehicles/property.
What Is The Process Of Applying For an Intervention Order in Victoria?
1. The applicant fills out an “‘information for application for a personal safety intervention order” form and is then scheduled for an interview with a registrar at court.
2. The applicant will confirm that what is contained in the form is correct before signing it. After this, the applicant will receive a copy of the summons that includes the date of their hearing.
3. In the case where the applicant requires protection between the time of application and the hearing, an interim order can be made to protect their wellbeing.
4. The police send the respondent a copy of the application, summons and information about the interim order if it is applicable.
5. The individual who is served with the order has the opportunity to disagree with what is said about them and contest the case if they wish to do so.
6. If the applicant agreed to mediation, the dispute can be resolved without going to court.
7. Should mediation fail, the hearing will commence as planned and the magistrate will consider whether the applicant fears for their wellbeing and safety as well as whether the respondent is likely to repeat their crimes/behaviours.
8. A decision will be made by the magistrate after considering all evidence from both parties.
9. If it is deemed that an intervention order is necessary, both parties will receive a copy of the order that entails its conditions.
10. Lastly, the respondent has to follow the conditions of the order or pay a hefty fine/go to prison if they fail to do so, depending on the individual situation.
Your personal wellbeing and safety is something not to be taken lightly, and Oxford Partners are here to assist you in every step of the way should you choose to apply for an intervention order. Our expert team has had vast amounts of experience in the field of family law and are here to ensure that your safety and wellbeing is the top priority. Contact us today to find out more about how we can help with your individual situation.