Types of Intervention Orders
Intervention orders are a cornerstone of personal and public safety in Australia. They serve as a legal barrier between you and someone who poses a threat to your well-being.
However, not all intervention orders are created equal. You should be aware of two types of intervention orders:
Family Violence Intervention Orders (FVIO) and Personal Safety Intervention Orders (PSIO).
Family Violence Intervention Orders (FVIO)
What It Covers
Family Violence Intervention Orders are specifically designed to protect individuals from domestic violence situations.
This could involve physical abuse, emotional or psychological manipulation, and even financial control by a domestic partner or family member.
Who Can Apply
Generally, the person applying for an FVIO should be in a domestic relationship with the respondent.
This includes spouses, de facto partners, relatives, and even housemates in some cases.
How It Works
Once an FVIO is granted, it can impose various restrictions on the respondent, such as prohibiting them from entering certain areas like the applicant’s home, workplace, or children’s schools.
It can also restrict communication methods, like phone calls, texts, or social media interactions.
Personal Safety Intervention Orders (PSIO)
What It Covers
Unlike FVIOs, Personal Safety Intervention Orders are not limited to domestic relationships. They can be used in disputes involving neighbours, acquaintances, or strangers.
PSIOs can protect you from stalking, harassment, and threats of violence.
Who Can Apply
Any individual who feels threatened or harassed by another person can apply for a PSIO.
The relationship between the applicant and the respondent does not need to be domestic.
How It Works
PSIOs can also impose a variety of restrictions, similar to FVIOs.
These could include staying away from the applicant’s residence or workplace and ceasing all forms of communication with them.
🔑 Key Takeaway: Knowing the difference between FVIO and PSIO is more than just legal jargon; it’s about understanding the protective barrier that best suits your situation.
Whether you’re dealing with domestic abuse or neighbourhood harassment, there’s an intervention order designed to give you the protection you need.
How to Obtain an Intervention Order
Through the Courts
You can apply for an intervention order at your local Magistrates’ Court. The application can be made in person, and you may choose to represent yourself or be assisted by a lawyer.
Through the Police
Police can issue an intervention order when called out to an incident if the need for the order is urgent.
The police will assess the risk and may issue an intervention order immediately.
🔑 Key Takeaway: There are multiple avenues to obtain an intervention order, each with its own set of procedures and requirements.
Purpose and Potential Abuse
Intervention orders are intended to protect those who cannot protect or defend themselves.
However, they can sometimes be misused for ulterior motives, such as securing parental custody or property rights.
🔑 Key Takeaway: While intervention orders are crucial for protection, awareness of their potential misuse is essential.
Things to Consider Before Consenting
Before agreeing to an intervention order, consider its impact on other legal matters, such as child custody battles or property disputes. An intervention order can have repercussions in these areas.
🔑 Key Takeaway: Consider broader legal implications before consenting to an intervention order.
How to Contest an Intervention Order
If you believe an intervention order is unjust, engaging a criminal lawyer experienced in this area is crucial. The process can be lengthy and complicated, requiring early preparation and competent representation.
🔑 Key Takeaway: If you’re on the receiving end of an intervention order, don’t take it lightly. Seek legal advice immediately.
Legal Costs and Fees
While each party generally bears their own costs in intervention order proceedings, the court may award costs in exceptional circumstances or if the application was made in bad faith.
🔑 Key Takeaway: Costs are rarely awarded, but not impossible, especially if the application was vexatious or frivolous.
Consult A Legal Expert
Intervention orders are essential to the Australian legal system, offering protection for those in need.
However, they come with their own complexities and potential for misuse. Whether you’re applying for or contesting an intervention order, it’s crucial to understand the types, procedures, and implications involved.
And don’t underestimate the value of legal advice; consulting a legal expert can provide invaluable insights and guidance, helping you navigate this complex area of law effectively.
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.
