How Long Does an Intervention Order Last in Australia?

How long does an IVO last in Victoria? In Victoria, the duration of an Intervention Order (IVO) is not set in stone and can vary greatly depending on the circumstances of each individual case.

Generally, an IVO may last for a specified period, such as six months or one year, or it may be issued indefinitely.

It remains effective until the court decides to cancel or change it, which can happen if either party applies to the court with sufficient reason for alteration.

Factors Influencing Duration

The court considers several factors when determining the duration of a Final Order. These include the severity of the allegations, the level of risk posed by the respondent, and the views of the protected person.

The court aims to strike a balance between ensuring safety and not unduly restricting the respondent.

No Expiry Date?

In some cases, if the magistrate does not specify an expiry date, the Final Order continues indefinitely. It will only end if it’s revoked by a magistrate or set aside on appeal.

🔑 Key Takeaway: The duration of an intervention order is not one-size-fits-all. It’s tailored to the specifics of each case, and in some instances, it can be indefinite.

Also read: Your Guide to Domestic Violence Orders

How Long Does It Take for an Intervention Order to Be Served

The process and timeframe for serving an intervention order can vary based on key factors. Once the court issues an intervention order, it needs to be served on the respondent to be legally effective. Here’s what generally happens:

• Immediate Service: If the respondent is present in court when the order is issued, the court staff serves them immediately.
• Police Involvement: In cases where the respondent was absent in court, the police step in to serve the order. The police, with their authority, physically hand the order to the respondent and explain its conditions. This is typically done as soon as possible to ensure the protected person’s safety.
• Challenges in Locating the Respondent: If the police cannot locate the respondent promptly, they might apply to the magistrate for a ‘substituted service.’ This allows the order to be served to another individual likely to pass it on to the respondent, such as a family member or employer.

The urgency with which these orders are served reflects their critical role in safeguarding individuals from immediate harm. The exact timing can depend on the specifics of the case, such as the availability of the respondent and the logistical capabilities of the police.

If you are the protected person and feel that the risk or threat hasn’t subsided, you can apply for an extension of the intervention order. It’s crucial to lodge this application before the existing order expires.

Failing to do so means you’ll have to start from scratch with a new application.

Legal Hurdles

If either party opposes the application for revocation, the existing order remains in place, and the matter will be considered at a contested hearing. This more involved legal process may require presenting evidence and legal arguments.

🔑 Key Takeaway: Extending or revoking an intervention order is a legal maze that requires careful navigation. Always consult a legal professional to guide you through it.

Consult With Legal Professionals

Understanding the duration and workings of an intervention order is essential for ensuring personal safety. Always consult with legal professionals for advice tailored to your specific circumstances.

🔑 Key Takeaway: Legal advice is invaluable when dealing with intervention orders.