Have You Received an Intervention Order? How an Intervention Order Lawyer Can Help

If you’ve been served with an intervention order, it’s normal to feel confused about what to do next. Intervention orders are designed to protect individuals from various forms of harm or harassment, but you might be falsely accused. What can you do?

Whether this is your first time receiving an order or you’ve been in a similar situation before, it’s important to understand its implications and the legal processes involved.

The good thing is an experienced intervention order lawyer can provide assistance in navigating this complex legal landscape. This blog will explain everything you need to know.

What Are Intervention Orders?

An intervention order can prevent you from talking to a loved one, going back home to your place of residence, returning to work, or earning an income, and this can be a stressful time. According to the Magistrate Court of Victoria, there are two types.

• Family Violence Intervention Orders (FVIOs): This protects a person from family members who have committed acts of violence, threatened violence or caused emotional or psychological harm.
• Personal Safety Intervention Orders (PSIOs): Protects a person from someone who isn’t family, such as neighbours, acquaintances, or strangers. Cases could involve stalking, harassment, or other threatening behaviours.

The purpose of both FVIOs and PSIOs is to ensure the safety and well-being of individuals by legally restricting their behaviour. However, you may want to challenge the intervention order.

Intervention orders have conditions (or rules) about how you (the respondent) can behave. You must follow the conditions of the order, or the police can take action. This order can have conditions to stop you from:

• Being near the person’s house
• Contacting the person in any way
• Damaging property
• Harassing, threatening or intimidating

When an IVO is applied for, you will be required to appear in court within 5 to 10 days after the order is made. The court will then decide whether the interim IVO should be confirmed or rejected.

Purpose of Intervention Orders: Interim vs. Final

Intervention orders can be classified based on their duration and the stage of legal proceedings:

• Interim Intervention Orders: These are short-term, and they are before a magistrate can make a decision after hearing the evidence. Conditions apply that must be obeyed, and if they are disobeyed, the person can be charged with a criminal offence.
• Final Intervention Orders: These are longer term and with strict conditions. If a respondent has used violence or is likely to do so again, the Magistrate can make a final order.

You may have received an intervention order for allegedly:

• Harassing a person
• Behaving in an offensive manner
• Assaulting or threatening to assault
• Emotional or psychological abuse
• Damaging or threatening to damage property
• Causing a person to fear for their safety or the safety of their family

However, if you want to appeal this order on legal grounds, factual grounds or discretionary error, you can appeal the judicial officer’s decision.

The Court Process for Intervention Orders

Let’s take a look at the court process for intervention orders.

Intervention Order Applications

• Application Submission: The affected person (applicant) or the police can file an application detailing the reasons for seeking protection.
• Interim Order Consideration: If immediate protection is necessary, the magistrate may issue an interim order based on the application’s merits.
• Service of Order: The respondent must be formally served with the order and the details of the court hearing.
• Court Hearing: Both parties attend the hearing, where evidence and arguments are presented.
• Decision: The magistrate decides whether to issue a final intervention order and outlines its conditions.

What About Applicants and Respondents?

The applicant is the individual seeking protection. They must provide evidence of the alleged behaviour and its impact.

The respondent is the individual given the order. They have the right to present their side, contest the allegations, or consent to the order. An experienced lawyer can help you, and if you’re unsure, have a read of preparing for your first meeting with a criminal lawyer.

What Are The Different Types of IVO Appeals?

Generally, you cannot appeal an IVO unless you can show the court that it is in the interest of justice to be heard immediately.

The court will make sure the hearings for the final IVO are expedited so that an interim IVO does not apply for very long. With this in mind, there are three types of IVO appeals:

• The IVO has been revoked, so it no longer has a legal effect.
• The IVO is varied, so certain aspects of it are changed (such as conditions within it).
• The IVO is extended, so it lasts longer.

Appealing a Final IVO

If a final IVO has been made, you can appeal it, but this is a special process that will need to go to a higher court, like the county court. The court will hear the case again, which can be a long process. While you are appealing the final IVO, it will still be in effect, so you need to continue to abide by it.

So, should you appeal a final IVO? You may choose to due to:

• You were not at the hearing because you weren’t aware of it
• You did not have legal representation at the hearing, but you now have a lawyer acting on your behalf
• You do not agree with the decision made by the court or some of the conditions in the IVO

Instead of appealing the IVO, you can ask the court to hear the application for the IVO again. This means that the hearing will be conducted again instead of sending it to the higher court.

A re-hearing is preferred because it means the same court makes the decision and is often cheaper and quicker than an appeal. You can appeal:

• The IVO made
• Any of the conditions of the IVO
• The court has refused to make an IVO
• The court did not impose a condition on the IVO

What about time limits for appealing, revoking, varying or extending an IVO?

If you want to appeal a final IVO, you only have 30 days from the time the final order is made to make your application.

If you do not meet the timelines for appealing, revoking, varying, or extending an IVO you may miss your chance or need to wait longer to apply. For example, if the IVO lasts for 12 months, you might need to wait a year.

Appealing an Intervention Order in Victoria: What To Expect?

Disagree with an intervention order? Here are some things you can expect when appealing:

• Submitting a Notice of Appeal, which is a form to the court. This must be received by the court within 30 days of the final IVO decision.

• The First Hearing or Mention is where a judge will want to understand your reasons for appealing the final IVO, know if you will be represented by a lawyer, and how many witnesses you are calling.

The court will set a date for the hearing, hear your reasons for appeal, listen to witnesses and other evidence. The applicant, respondent, police and people protected by the IVO have the right to be heard when the court makes their choice.

The court may ask for more evidence or information, which is often called Further and Better Particulars. There can be further hearings after this for the court to hear more.

The final hearing is when the court tells you its decision. They may also do this at the hearing if they have all the information they need. Courts can decide to:

• Confirm the final IVO, so it stays in effect
• Remove the final IVO, so it no longer has the effect
• Change any conditions in the final IVO, such as how long it applies for

How can a criminal defence lawyer assist the intervention order application process?

• Expert Legal Advice: Intervention orders can be complex, and understanding the legal requirements, terminology, and process is important for the next course of action.

• Document Preparation: Ensuring all necessary documents are accurately completed and submitted on time and avoiding any mistakes.

• Evidence Gathering: Assisting in collecting and presenting compelling evidence to support your case.

• Court Representation: Is your matter being contested or do you need to negotiate terms? A lawyer advocates on your behalf during hearings to achieve the best possible outcome. An experienced lawyer ensures that your interests are considered and that you receive fair treatment under the law.

In many cases, intervention orders can be resolved without going to trial through negotiation or alternative dispute resolution. A skilled lawyer can negotiate with the other party or their lawyer to reach a favourable resolution.

If you’re hesitant about speaking to a lawyer for any case, read what happens if you don’t hire a criminal defence lawyer. In most situations, it is best to have a lawyer in your corner that you can trust.

May Lawyers handles legal proceedings for assault and violence, such as intervention orders and applications for victim compensation.

What Should You Know as a Respondent?

If you are charged with an offence related to domestic violence in Victoria, you are not allowed to cross-examine your accuser without a lawyer. You require the expertise of a criminal law specialist to achieve the best result in your case. Respondents have the right to:

• Be Informed: Receive detailed information about the allegations and the terms of the order.
• Legal Representation: Seek legal counsel to understand the implications and put together a response.
• Present a Defence: Contest the order by presenting evidence and calling witnesses during hearings.

Do you need a criminal lawyer in Frankston, Cranbourne, Dandenong, Moorabbin, or other South Eastern Suburbs in Melbourne? May Lawyers offer an expert approach to every case.

Need a Criminal Defence Lawyer in Melbourne? Call May Lawyers

Whether you require a criminal lawyer in Sunshine, Preston, Box Hill, Croydon, Craigieburn, Heidelberg or Ringwood, May Lawyers are compassionate, professional, and available 24/7 for legal advice.

Will May brings over a decade of experience in criminal law and is one of the few recognised by the Law Institute of Victoria as an Accredited Law Specialist in the field.

Contact us by calling 0415 582 404 or email will@maylawyers.com.au for a free case evaluation. We support you with bail applications, traffic offences, criminal trials, drug offences, assault and violence, and more.