INTERVENTION ORDERS

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What is a Family Violence Intervention Order

A Family Violence Intervention Order is a court-issued order designed to protect individuals from current or potential family violence. The order will limit or stop a parties ability to communicate, attend the work, home or school of a person or have anyone else do so.

If you believe someone has unfairly taken out a Family Violence Intervention Order (FVIO) against you, it can feel overwhelming and unjust. However, there are specific steps you can take to address this situation legally and effectively.  FVIOs are typically temporary until a court hearing can be held. You will have the opportunity to present your side of the story at this hearing. Work with your lawyer to prepare your testimony and gather evidence that supports your case.

Applying for or contesting a FVIO

A FVIO is a legally enforceable document that provides a person and other affected family members protection. The order imposes conditions to stop the respondent from using family violence against the protected person. An application can be made by an individual by applying with the Magistrates Court. Alternatively, if the police are called to attend an incident where there is imminent danger of family violence, the police may make an application for an FVIO on the persons behalf.

Applying for an FVIO

Applying for a Family Violence Intervention Order (FVIO) begins with filing an application at your local Magistrates’ Court. The applicant must provide detailed information about the incidents of violence or threats, and the court then decides whether to issue an interim order for protection pending a full hearing. During the hearing, both the applicant and the respondent have the opportunity to present their evidence and arguments. If the court finds sufficient grounds, a final FVIO is issued, detailing specific restrictions and requirements placed on the respondent to protect the applicant from further harm.

Contesting an FVIO

For those facing an FVIO, the process to contest it also involves several stages. Initially, upon receiving notification of the interim order, the respondent can choose to accept it or fight the allegations. If choosing to contest, the respondent should immediately seek legal advice to understand the implications and develop a defense strategy. During the court hearing, the respondent has the chance to present evidence and argue against the allegations, attempting to demonstrate either the falsity or the exaggeration of the claims made. Throughout this process, it’s crucial for the respondent to adhere strictly to the legal advice and comply with any existing orders until the court decides on the matter.

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Frequently Asked Questions

01

Difference between Interim and Final Intervention Order?

An interim order is made for a short period by the Magistrate until they can hear more evidence at a final hearing. A final order is made after the Magistrate hears all the evidence of the parties and makes the order for a set period of time.

02

How long does the order last?

The Magistrate has the power to decide the length of time the order will last. Before an order expires, the court can also extend the order for a longer period of time.

03

Will Intervention Orders go on a Police record?

While an intervention order should not be recorded on a person’s criminal record, it may show up on a police clearance check, which may then affect employment or other opportunities for which the applicant is required to obtain a satisfactory police clearance.

04

Can a Judge deny an Intervention Order?

An intervention order may be denied because the Magistrate believes the applicant did not show evidence of a serious threat or harm has occurred or is likely to occur on the balance of probabilities.

05

Are there fees for filing an Intervention Order?

There are no fees associated with applying for an intervention order via the Magistrates’ Court. You may, however, need to hire a lawyer to assist you in making the application or representing you in Court.

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