It is important to know that the law gives you and your family legal protection if you have been victims of domestic violence.
An Intervention Order is one of these options. An intervention order protects you from someone causing you harm or threatening to do so.
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It is highly recommended that you seek assistance from IVO Lawyers when applying for an IVO.
- Expert Legal Advice. Our IVO Lawyers can explain the legal process and the various types of intervention orders.
- Protection from Further Harm. Our team can help you obtain an intervention order quickly, protecting you and your family from further harm.
- Court Representation. An intervention order lawyer can represent you in court and advocate for you.
- Peace of Mind. Knowing you have competent domestic violence lawyers on your side can give you peace of mind during a difficult time.
Advantages of Seeking Legal Advice from IVO Lawyers
Having a lawyer comes with several compelling advantages. Firstly, depending on the specifics of your case, our Melbourne Family Lawyers can assist you in determining the most appropriate intervention order to address your situation effectively. This tailored approach ensures that your legal needs are met with precision.
During times of stress and emotional upheaval, our experienced lawyers experts in restraining orders offer invaluable guidance. Navigating the legal system can be an intricate and bewildering process. With our expertise, we can help you maneuver through this complexity with clarity. Our presence provides you with a reassuring pillar of support during these challenging times.
Perhaps most importantly, entrusting your legal concerns to our IVO lawyers guarantees that your best interests remain at the forefront. With a deep commitment to your well-being, we tirelessly strive to safeguard you and your family. This dedication translates into tangible actions as we leverage our skills and knowledge to protect your rights and ensure your security.
Our Family Lawyers
Our lawyers have vast experience in Family Law. Whether your case involves a 50 million dollar business or a suburban house, a relocation with children to Preston or Paris, or a Divorce Application in Melbourne or Mumbai, rest assured that we know how to deal with it in the best possible way and obtain the best possible result for you.
What is an Intervention Order
An intervention order, which is also called a restraining order, is a court document that protects people who have been hurt, threatened, or harassed.
The goal of an intervention order is to stop more harm from happening by telling the offender not to do certain things, like talking to the victim or going to their home or place of work.
You should call the police if you or someone you know is in immediate danger. In Melbourne, the police can get an Interim Intervention Order right away. This gives the person security until a full hearing can be held.
If you are not in immediate danger but still need to be protected, you can go to a Magistrates’ Court in Melbourne and ask for an intervention order.
Getting an intervention order can seem like a lot of work, but it can be done with the right knowledge and help. IVO Lawyers is here to assist you.
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How to Apply for an Intervention Order
- Prepare your case: Find proof of the abuse, such as letters, texts, or emails from the abuser or comments from people who saw it happen.
- Fill out the form to apply: The application form can be picked up at the Magistrates’ Court or downloaded from the Victoria Legal Aid website.
- You can send in your application in person or through the mail: If you are staying in person, make sure to bring a copy of the filled-out application form and any proof to back up your claim.
- Attend the hearing: Once you’ve submitted your application, a hearing will be set up. You must go to the meeting and tell the Magistrate what happened.
- Wait for the decision: After the hearing, the Magistrate will decide and, if they think it’s appropriate, give the intervention order.
It’s important to remember that intervention orders aren’t just for people who are in a relationship with someone in your own home. It can also be given to people who are being bothered or frightened by someone you don’t know very well.
AVO is specific to New South Wales, while IVO is specific to Victoria. Both aim to protect individuals from violence but are governed by different state laws.
No, an IVO can be registered in other Australian states and territories, making it enforceable nationwide.
Family Violence Intervention Orders
These are for family members and protect against various forms of domestic abuse, including physical violence and emotional harassment.
Personal Safety Intervention Orders
These are for non-family members like neighbours or acquaintances, aiming to prevent stalking, harassment, and other non-domestic threats.
A magistrate reviews the case, may issue an interim order, and sets a date for a final hearing where both parties can present evidence.
Even if certain actions do not comprise a criminal offence, they may still constitute family violence. Family violence may include the following types of conduct toward a family member:
- Physical abuse, including assault (including thrusting, hitting, punching, slapping, and kicking) and inflicting bodily harm;
- Sexual assault, including sexual coercion, rape, and sexual degradation;
- Verbal abuse (including violent threats, defamation, manipulation, gaslighting, and accusations);
- Willful destruction of their property, including jointly owned property;
- The unauthorised restriction of a family member’s liberty or threats to do so;
- Causing an animal’s death or injury (regardless of whether the animal pertains to a family member);
- Attempts to cause physical harm or assault;
- Threats to cause sexual abuse or assault;
- Threats to cause property damage;
- Threats of death or injury of a pet (whether or not the animal belongs to the victim).
- Witnessing actual instances of violence by a family member against another;
- Being present to hear risks made by a family member against another;
- Being there at the end result of a family violence incident to console a loved one whom another has assaulted;
If you were recently served with a Family Violence Intervention Order (FVIO), you must recognise the gravity of the situation and take the necessary precautions to safeguard yourself and others.
An FVIO is a court injunction to protect an individual from domestic violence and abuse.
It may prohibit the accused from contacting the protected person, approaching them, or travelling near their residence or place of employment, among other restrictions.
The following actions should be taken if you have been served with an FVIO:
- Read and comprehend the instructions carefully: Ensure you comprehend the order’s specific conditions and restrictions. To avoid legal repercussions, it is crucial to adhere to all of the FVIO’s provisions.
If you have been served with an FVIO, it is recommended that you consult with a family law attorney. They can assist you in comprehending your rights and obligations under the order and offer guidance on how to proceed.
- Cooperate with law enforcement: If the FVIO requires you to surrender firearms or weapons, you must do so immediately. Additionally, you should cooperate with law enforcement if they need to verify your compliance with the order.
- Always carry a copy of the order: Keep a copy of the FVIO with you at all times, as you may be required to present it to law enforcement or other relevant authorities.
- Respect the terms of the order: It is essential to adhere to all of the FVIO’s conditions and restrictions. This includes averting all contact with the protected individual, their residence, place of employment, and any other locations specified in the order.
- Attend court hearings: If a court hearing is scheduled, it is crucial to be present and present your case. Your attorney will help you prepare for the hearing and represent you in court.
Domestic violence and abuse can significantly impact your mental and emotional health; therefore, you should seek support from intervention order lawyers.
It is also essential to seek assistance from friends, family, or support services such as a domestic violence hotline or counseling services.