Lots of people hear the term “intervention order” and picture a pretty straightforward protection measure, something that’s applied for, granted, and that’s it. But what actually goes on is a whole lot more complicated, a multi-stage legal process where every decision counts, and getting just one thing wrong can have serious consequences that hang around for years.
How an Application Actually Gets Started
An IVO can be started by the person who needs protection, or by the cops after a family violence incident. And before even stepping foot in court, the cops can slap a family violence safety notice on the respondent; it’s like an immediate court order that kicks in before anyone hears any actual evidence. Now, people seeking protection don’t have to wait for the cops to do something; they can just walk into any court in Victoria and apply for it themselves, with or without intervention order lawyers. What a lot of applicants don’t realise is that the behaviour that starts the whole thing off doesn’t even have to be a physical act of violence. Threats, controlling someone financially, emotionally abusing them, or even stalking counts too under Victorian law; all those things carry the same weight as a punch in the face.
What Actually Happens in Court Before a Final Order
The first court hearing is like a “do they need protection straight away?” question. More often than not, the person being accused isn’t even there, and the court will still hand down an interim order just in case. And once that order is served on the respondent, they get a new court date down the track for when things get sorted out properly. It’s not uncommon for a bunch of court appearances to go back and forth between the interim and final stages. At the final hearing, a magistrate weighs up all the evidence and decides whether the respondent actually did what they’re accused of, and if so, whether they need an intervention order to keep them safe. The whole time between that first and second date is basically ongoing, and that’s a big deal for both parties involved.
Reading the Conditions Before Agreeing to Anything
There are no set conditions in an intervention order. The conditions vary depending on the situation at hand, relationship between the parties concerned and the nature of the conduct involved. Some of the conditions include:
- No contact with the protected person directly or indirectly through third parties.
- Not approaching near the home or workplace of the protected person within certain stipulated distance.
- No access to common property.
The thing that shocks many respondents is the condition regarding agreement. Informal agreement with a protected person will not relieve the respondent of the condition. It is only the court that can alter whatever is set out in the order. Breach of any condition, including an interim order, is a crime with heavy consequences such as fines, jail term or even criminal conviction.
Children and Intervention Orders: The Part That Gets Complicated
The involvement of children can be as a result of being named in the parent’s intervention order or as having a separate intervention order issued. The real complexity comes when there is the link between the intervention order and family law parenting arrangements. The two laws are different and therefore they do not overlap. The IVO that limits the contact between a parent and child does not sort out the issue of parenting arrangements that have to be sorted out according to family law procedures. According to Victoria Legal Aid research, more than half of the child respondents to family violence intervention orders have earlier been applicants, meaning they are also victims of violence in their own households. This makes the way the legal system deals with the young respondents change while handling an intervention order with children.
Victorian Orders That Follow You Interstate
A family violence intervention order issued in Victoria does not remain in Victoria. In accordance with the National Domestic Violence Order Scheme, orders issued in Victoria can be enforced in all states and territories of Australia. Orders issued outside Victoria after 25 November 2017 can also be enforced in Victoria. The police all over the country are supposed to act as if the order is locally issued.
Where Legal Advice Makes the Actual Difference
- During the application phase, legal representation influences the recording of the conduct and the specific conditions which will be asked for.
- During the respondent phase, the decision to either contest, admit without admission, or apply for a different set of conditions prior to the hearing phase becomes clear.
- Finally, during the breach phase, the immediate decision as to how to plead, since intent is not a defence and breaches are taken very seriously by the courts, becomes obvious.
An appeal to the County Court regarding a case must be made within 30 days of the magistrate’s decision.
