Intervention Orders

Intervention Orders can be a cause for frustration and distress. They often, but not always, are brought up with separation and family law matters.

We can help you understand the true impacts of an intervention order application brought against you, or your rights to get an intervention order to protect you.

Note that intervention orders are civil, not criminal, matters. However, breaching an intervention order can lead to serious criminal charges.

Parents, in particular, are often concerned believing that an intervention order must be dealt with before they can see their children again. But, in reality, if the other parent won’t let you see the children, then rid of the intervention order doesn’t fix that – we can discuss with you the combination of family law and intervention order issues and how these can best be addressed.

Broadly speaking, if you’re faced with an intervention order application against you, your options are:

1. Offering an Undertaking in lieu of an Order;
2. Consenting without Admissions to a Final Order;
3. Contesting the application.

Effect on Firearms

Even if you are not concerned with having an intervention order made against you, you should be aware that they can affect your firearms licence. We can provide you advice about dealing with such impact. 

We can also assist to negotiate the terms and exemptions of an intervention order. For example, a intervention in ‘usual’ terms may prevent you from travelling on a road you need to use because it’s too close to the other persons house or work – we can assist to negotiate terms so you will not breach the order in those circumstances.

Family Violence Intervention Orders

These orders deal with matters of Family Violence between related parties – including current and former de facto partners.

It can be particularly important to ensure that a Family Violence Intervention Order includes certain exemptions. For example, certain exemptions allow the Respondent to still contact the Applicant (usually in writing only) to negotiate spend time with children.

A Final Family Violence Intervention order can be made if the Court that:

• the Respondent has committed family violence; and
• is likely to continue to do so or do so again.

Family violence is defined broadly in Victoria and can include physical or sexual abuse, emotional and psychological abuse, as well as economic abuse and coercive control. It can also include behaviour that causes a child to hear or witness, or merely be exposed to the effects of, family violence perpetrated against another person (for example, seeing a parent bruised).

Personal Safety Intervention Orders

These orders can be obtained against non-related parties to prohibit harassing behaviours, stalking, and other ‘prohibited behaviours’.

A Final Personal Safety Intervention order can be made if the Court is satisfied:

• the Respondent has committed prohibited behaviour (which can be or include assault, sexual assault, harassment, property damage, or making a serious threat) against the affected person; and
• the Respondent is likely to continue to do so or do so again; and
• either
• the prohibited behaviour would cause a reasonable person to fear for his or her safety; or
• the Respondent stalked the person and is likely to continue to do so or do so again.

Please be aware that we do not provide Legal Aid services.