Intervention orders (formerly restraining orders) serve to restrict the behavior of another individual and are commonly required when family violence endangers individuals and families.

Once you have submitted the completed application form, a registrar will arrange to interview you privately in an interview room about why an intervention order is necessary - this process is known as your interview.
Application

First steps toward obtaining an intervention order begin by filing an application with the Magistrates Court. An applicant or complainant, as well as law enforcement personnel can make such applications. When submitted to court, applications are filed with registrar of Magistrates and given hearing dates (called summonses). Respondents will also be served by law enforcement with both documents.

Applying for a family violence or personal safety intervention order involves asking a court to order that any future acts of abuse or assault by the offender be prohibited, and/or prohibit them from coming within certain distance of a protected person. Any violations could lead to criminal charges being laid against them.

Intervention Order Lawyer Legal's intervention order defense team offers you extensive expertise. We can offer expert advice and representation at every stage of the application process - be it an urgent application for protection, defending against a charge brought by law enforcement officers, or applying to vary an existing intervention order.
Interview

Intervention order proceedings (also referred to as family violence intervention orders) differ significantly from most civil proceedings in that the burden of proof lies on the respondent in order for them to establish they did not violate an order, with penalties including imprisonment, community service and payment of a good behavior bond if breach occurs.

If the police believe that you need protection, they may file for an intervention order on your behalf. The person making such an application is known as an applicant while those from whom protection is needed are known as affected family members.

If you agree to an intervention order, the magistrate will require you to sign what's known as an undertaking - this document states your promise that any of the conduct alleged in the application won't happen again and can also include specific conditions requested by the applicant.
Court hearing

Our team has extensive expertise in intervention order matters and regularly represents clients in courts throughout Melbourne and Victoria dealing with Family Violence Intervention Orders (FVIVOs) and Personal Safety Intervention Orders (PSIVOs). Intervention orders provide legal protection from abuse while limiting contact.

When seeking an intervention order lawyers Melbourne, the registrar will meet with you in a safe place and ask questions about what has transpired and why you require one. When answering these inquiries, be as detailed as possible to provide as much information to them.

Bring someone with you when attending interviews as this can help remind you what has been said. Keep in mind that if any conditions of your order are violated, police could charge you with criminal offences, making legal advice and representation crucial.

Final order

If you are the subject of an intervention order (commonly known as family violence or personal safety intervention orders), you may be required to surrender your firearms license. Our intervention orders lawyers can work with you to protect your rights during this process.

After your interview, a registrar will create an application form which details what happened and why an intervention order is necessary. After reading through and accepting it as true, an oath or affirmation must be taken on it before signing it.