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 Magistrates’ Court of Victoria, using legislation from the Family Violence Protection Act of 2008 and the Personal Safety Intervention Orders Act of 2010.
There are two 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.
Special note for Emergency Intervention Orders
- In urgent situations, emergency intervention order may be issued to provide immediate protection. These are temporary measures.
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, police may apply for a Family Violence intervention order if they believe on reasonable grounds it is necessary.
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 threatening and unwanted behavior of the respondent.
- Require 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 parameters of intervention orders, 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 the order requires, so we can help you stay out of trouble. Our lawyers 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 usually are not 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 any 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, My Legal Crunch and our lawyers are ready to support you every step of the way. Call our lawyers today at 61 485 872 417 for assistance.
