Personal Safety Intervention Order (FVIO) and Family Violence Protection Order (FVPAO) orders can provide an effective means of protecting individuals from being threatened or assaulted, and breaking an FVIO or FVPAO may result in police charges being laid against violators.

As orders may have serious repercussions, including criminal penalties for violations, it is imperative that they are taken seriously and any issued FVIO should be reviewed with legal counsel immediately.
What is an Intervention Order?

An intervention order is a legal document issued by magistrates to protect individuals against family violence, stalking, harassment and other forms of threatening behavior. Such orders typically include terms that legally prevent contact between aggressors and their target, as well as specific activities like going to specific places or attending certain events or places. Violators of such orders can face criminal prosecution and can even be charged with contempt of court and related offenses.

An intervention order application may be made by anyone who feels unsafe or harassed by another individual, including domestic violence, family disputes, stalking and verbal abuse cases. An intervention order application can protect people of all ages, genders or sexualities.

An individual subject to an intervention order lawyer can ask police to file criminal charges on their behalf if they believe that the defendant has committed an offense. A health service provider, social worker or counsellor can also make an application for intervention orders on their behalf.

Once an intervention order has been issued it remains in force until altered or revoked by either party involved. If a defendant feels their rights have been unfairly or inadequately protected then they can request a determination hearing to have the order dismissed.

Anyone wishing to challenge an intervention order must seek legal advice as quickly as possible in order to meet strict time frames, otherwise their outcome can be severely affected.
What is the process of applying for an Intervention Order?

An intervention order can be an invaluable way to protect the wellbeing of yourself and those at risk, but to maximize its efficacy it must be administered correctly. Our knowledgeable team can guide you through this process to achieve the optimal result in your circumstances.

Applying for an intervention order begins by filing the necessary paperwork with the local Magistrates Court and setting a hearing date. As part of your application, be as detailed as possible so the court can assess this information and decide if an order should be granted or denied.

If a magistrate decides that an intervention order should be issued, you will be asked how long you want the order to last and whether or not to agree to its conditions and exemptions outlined by the magistrate.

Contravening an intervention order can have serious criminal repercussions, so if you suspect that the respondent has violated it, contact your local police station as soon as possible to make a report and file an official report.

An intervention order may also be altered or annulled through a hearing, though in order for this to happen the defendant must first attend a contested hearing where both sides present evidence to the magistrate who will then decide if or how the order should change or expire. It is wise to have legal representation at such proceedings so as to protect your rights as well as negotiate the best terms for amendment or annulment on your behalf.
What are the conditions of an Intervention Order?

Intervention Orders exist primarily to provide protection for adults who fear family violence. Family violence includes not only physical assault but also emotional and financial/'economic' abuse as well as stalking harassment and sexual misconduct.

Intervention Orders require the Court to be convinced of an imminent threat of harm if respondents don't act to stop violent and abusive behaviours; that means an individual requesting such an order must believe there is a reasonable chance that those targeted by their violent and aggressive behaviours could act aggressively or intimidate them further.

Applying for an Intervention Order involves filing with a local Magistrates Court. Either an adult who has been affected, their lawyer, or police may apply on behalf of someone protected. Once filed, a hearing will be scheduled where applicants present their statements to a magistrate who will decide if there is enough evidence for an interim Intervention Order or, in its place, issue a final Intervention Order which outlines conditions to be fulfilled by both parties involved.

Even though an Intervention Order is considered civil in nature, if any conditions of it are breached then police can arrest and charge those violating it with criminal offences.

Intervention Orders should be treated seriously by both parties involved. If you have any queries about its terms or your particular situation, speak with a family violence practitioner immediately in order to identify what may work for your circumstances.
What are the exceptions to the conditions of an Intervention Order?

Intervention orders provide vital protections in cases of domestic abuse. An order can stop someone from physically harming you or another individual and from following or monitoring you or having any contact with you in any form; as well as other conditions designed to safeguard you against physical, emotional and psychological abuse. Violating one of these terms constitutes a criminal offence and could even result in jail time for violators.

Courts may issue interim or short-term Intervention Orders without the respondent being present at a hearing, in order to protect people who are in immediate danger and cannot wait for an intervention order hearing to take place. These temporary orders are typically in effect until a magistrate issues a final order - although they can sometimes last even less time than this.

Intervention orders can include conditions that disqualify a respondent from holding a firearm licence, in cases when it appears likely they will need one for their job. A court can also change locks on a respondent's property (if they are the landlord), or exclude them from rented units - with conditions attached that disallow them from altering locks on their own, giving a copy to anyone else, etc.

An intervention order against family violence can also prevent respondent from accessing bank accounts or financial data belonging to their protected person, offering added protection and keeping their abuser from taking advantage of them against them. This provides invaluable protection and ensures their assets don't get used against them by abusive people.
How can I fight an Intervention Order?

People protected by an intervention order can reach out to a family violence practitioner or registrar to learn more about its conditions and implementation. It's crucial that you abide by its terms, as any violations constitute crimes that should always be reported to law enforcement.

If you feel in danger immediately, call the police and request an Interim Intervention Order from a court immediately. This emergency court order protects against family violence until all evidence can be presented at a later court hearing and could contain conditions like prohibiting respondents from coming within certain distance of your home, workplace or school.

As opposed to previous restraining orders, an Interim Intervention Order doesn't require you to demonstrate physical violence or threats of abuse before it can be issued. Instead, it requires you to explain why such an order would be beneficial under particular circumstances; witness testimony might even help substantiate it.

Before making a final determination on whether to grant or deny you a permanent order, a judge will carefully consider all evidence submitted and consider any special provisions that might apply in your situation.

Immediately seeking legal advice after being charged with violating an intervention order can be of great assistance in reaching the best outcome for your case. Get in touch with our office now to schedule a consultation appointment!