Intervention Orders: What they are and how they work

Restraining Orders are heard of the most in the media. They frequent movies, shows, sometimes books. In a sense, a restraining order and an intervention order are two sides of the same coin. The differences between the two exist in legal jargon, but are more or less the same.

Much like restraining orders, an intervention order is a legal tool designed to protect and individual and/or their family from violence, harassment, stalking, and other threatening situations. Understanding intervention orders in full is the best first step to protection.

What is an Intervention Order?

An intervention order is a court order that restricts a person’s actions and behaviors toward another person. An Intervention Order is normally sought after in situations of violence, harassment, or stalking, but can be applied for whenever repeated threatening behavior is made towards you or your loved ones.

In Victoria, an intervention order are governed by the Family Violence Protection Act of 2008 and the Personal Safety Intervention Orders Act of 2010.

There are three main types of intervention orders, and they are as follows:

• Family Violence Intervention Order (FVIOs): When violence occurs amongst one or multiple family members, partners, and/or former partners.
• Personal Safety Intervention Order (PSIOs): PSIOs are for when violence or threatening behavior happens outside a family relationship, or amongst coworkers or neighbors.
• Emergency Intervention Order (EIOs): Immediate danger in intimate partner situations, these are order that allow victims to stay in their homes while an abuser moves out. These can also include police assistance in removing the belongs of a party and no contact rules.

Who Can Apply for an Intervention Order

The person violence was made against, or a family member (parent or guardian) on behalf of a child or a minor can apply for an intervention order.

Following an event of reported violence, the police may apply for an intervention order automatically if violence appears to be family or domestic violence.

What Does an Intervention Order Entail?

No two intervention orders look the same. Depending on the context and the circumstances, intervention orders may:

• Limit or Prohibit contact with the protected person.
• Restrict the threatening and unwanted behavior of the respondent.
• Arrange for the respondent and the protected person to no longer be in the same residence, workplace, or other setting.
• Clarify the distance that must be in between the parties at any given time.

Regardless of the paramotors of the intervention order, breaking any of the guidelines and rules is a criminal offence and can result in criminal charges.

On the Receiving End of an Intervention Order?

When a party is served an intervention order, it can be intense and overwhelming. At My Legal Crunch, we can help you understand what an intervention order means and what it requires, so we can help you stay our of trouble. We can help you prepare for and attend all court dates listed on an order as well.

My Legal Crunch is Here To Help

At My Legal Crunch, we understand that intervention orders are rarely an easy topic to discuss, and an even harder and emotionally challenging situation to be in. Our experienced lawyers are ready to provide clear and trusted advice to both those who are seeking an application for an intervention order, and respondents of intervention orders. We will help you navigate any and all personal or familial safety concerns.

If you or a loved one needs advice on intervention orders, or needs legal representation in response to an intervention order, My Legal Crunch and our lawyers are ready to support you every step of the way. Call us today at 61 485 872 417 for assistance.