An Intervention Order is a Court Order made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member).
An Intervention Order can be made on an interim basis, based only on evidence from the Aggrieved Family Member.
The first notice the Respondent may have will be when he/she is served with the Interim Intervention Order by the Police.
Often a child will have also been included as a protected person under the Interim Intervention Order.
An intervention Order has the primary purpose of protecting a family member from family violence. Suppose the Aggrieved Family Member can give evidence that there has been occasion(s) of family violence and fears for safety.
In that case, a Magistrate will make an Interim Intervention Order against the Respondent without having heard the Respondent’s side of the story at that initial stage.
How To Beat an Intervention Order
After being served with the Interim Intervention Order, the Respondent has the following choices:
Do Nothing
Do nothing if you want the intervention order to be granted. If the Respondent does not attend court on the next appointed court date, the Magistrate makes the Interim Order into a Final Intervention Order, usually lasting at least 12 months or more.
Attend Court
If the Respondent is defending the Intervention Order, it can take many months (or even a year) for the Respondent to have the opportunity to give evidence in a final hearing of the case before a Magistrate.
Bearing in mind those delays, some Respondents decide to take an expedient approach and, at an early stage, consent to a Final Intervention Order without any admissions to finalise the court proceedings.
This means that you consent to the IVO without admitting that you did the things that the Applicant said you did.
Our IVO lawyers have also had success by writing to the police and persuading them to drop the intervention order.
If the dispute cannot be settled, then the lawyer can advise the best way the case should proceed.
Does the Aggrieved Have to Attend Court?
When an intervention order is applied for, the aggrieved party (the person seeking protection) is generally required to attend court.
Attendance is necessary to provide evidence and support the application, ensuring that the court understands the circumstances and the need for protection.
However, if the aggrieved is unable to attend due to safety concerns or other valid reasons, they may be able to provide their testimony via affidavit or other means, depending on the court’s discretion.
In Queensland, similar procedures are followed. The aggrieved must usually appear in court to present their case unless specific circumstances prevent them from doing so.
Courts can make special arrangements to protect the aggrieved’s safety, such as allowing testimony through video link or behind a screen.
These measures help ensure that the aggrieved’s voice is heard without compromising their safety.
How We Can Provide Assistance: How To Beat an Intervention Order
As a law firm, we were approached by Julian, who had recently gone through a divorce and found himself facing an intervention order filed by his ex-wife.
Claiming the order was wrongful, Julian sought our assistance in defending himself against the allegations.
We scheduled an in-depth consultation with Julian to gather all the relevant details of his situation.
We carefully listened to his side of the story, paying attention to the events leading up to the intervention order and any potential evidence he could provide to support his defence.
We worked closely with Julian to gather information that could challenge the allegations made by his ex-wife. This included text messages, emails, and witnesses who could corroborate his version of events.
Based on the evidence and Julian’s account, we devised a strong and compelling defence strategy.
We aimed to counter each claim against him and present a coherent argument during the intervention order hearing.
We guided Julian through the legal procedures, ensuring he understood what to expect during the hearing.
We successfully refuted the allegations against Julian. The court recognised the lack of substantial evidence and ruled in his favour, lifting the intervention order.
Defending an intervention order requires meticulous preparation and professional legal guidance.
By understanding your rights, and working closely with a skilled lawyer, you can present a robust defence during the intervention order hearing.
Remember, each case is unique, and seeking personalised advice is crucial to achieving the best possible outcome for your situation.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
