Breach Of Intervention Order Lawyers in Melbourne
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Expert Intervention order lawyers in Melbourne
If you need to attend court for an intervention order hearing, it’s always best to consult an expert legal service. We understand that this can be a confusing and challenging time for our clients. That’s why we strive to provide the best advice and representation. To discover why we’re the intervention order lawyers Melbourne trusts, contact our friendly team today.
What are Family Violence Intervention Orders?
A Family Violence Intervention Order (FVIO) is a court order designed to protect you and your children from family violence. Under the Family Violence Protection Act 2008 (Vic), family violence includes a range of abuses perpetrated by a family member, such as physical, emotional, psychological, sexual, or economic abuse, as well as property damage, coercive control, and harassing behaviour.
You may also be subject to interim orders or safety notices, which are temporary orders put in place to prevent violence until a final order can be given.
Conditions of a Family Violence Intervention Order
An FVIO prevents the respondent from:
- Committing family violence (including physical, sexual, emotional, psychological, and/or economic abuse)
- Damaging or threatening to damage the protected person’s property
- Following the protected person
- Contacting the protected person face-to-face, online or by any other means
- Publishing or distributing any material about the protected person
- Going to places where the protected person lives, works, studies, or frequents often
- Recruiting another person to violate the order
A protected person can also apply for additional conditions, including but not limited to:
- Returning personal or jointly owned property needed for the protected person’s everyday life
- Altering or suspending a parenting order
- Hand in any firearms or weapons to police
Applying for an Intervention Order
In Victoria, there are several ways to apply for an intervention order. If you are in immediate danger, contact emergency services by calling 000, as police can issue a temporary Family Violence Safety Notice for immediate protection.
The two main parties involved in an FVIO are the respondent (the person the order is against) and the affected family member (the person seeking protection).
Family Violence Safety Notice
A police officer may issue a notice that will not allow the respondent to commit family violence until the intervention order hearing. This notice may have the same conditions as an FVIO and serves as an application for an order, as well as a court summons.
Applying at the Magistrates' Court
An affected family member can apply for an FVIO either online or in person at their local Magistrates’ Court. You can choose to represent yourself or engage with expert legal practitioners. To obtain an order, you must complete an application form and provide evidence in court. The court may grant an interim intervention order to prevent family violence until both parties attend a contested hearing.
The length of an intervention order is not set in stone and can vary depending on the circumstances, it may last between six months to a year, though the magistrate may set a longer duration or it may be issued indefinitely.
Note that the Family Court of Australia or Federal Circuit and Family Court of Australia may issue orders (e.g. parenting orders) that conflict with an FVIO. As this area of law can be complex, consulting an expert lawyer is highly recommended to ensure you and your children are protected.
Where will my case be heard – the Magistrates Court or County Court?
As intervention order breaches are usually considered to be summary offences, Magistrates Courts are responsible for hearing your case.
We will support you at your court hearing to ensure you have quality legal representation for your criminal matter and that your voice is always considered during the process.
Violating an Intervention Order
While an FVIO itself does not result in a criminal record, violating a Family Violence Safety Notice, interim order, or final intervention order is a criminal offence under the Family Violence Protection Act 2008 (Vic).
- Breaching a Safety Notice – 2 years imprisonment, 240 penalty units or both
- Breaching an FVIO – 2 years imprisonment, 240 penalty units or both
- Breaching an FVIO intending to cause harm or fear for safety – 5 years imprisonment, 600 penalty units or both
- Persistent contravention of Family Violence Safety Notice/Intervention Order – 5 years imprisonment, 600 penalty units or both
- Breaching a PSIO – 2 years imprisonment, 240 penalty units or both
Frequently asked questions
Breaches are alarmingly frequent. Altogether, from 2010 to 2020, there were 631,000 breaches of Family Violence Safety Notices, interim intervention orders and final interim intervention orders issued. While many Intervention Orders are complied with, breaches are not uncommon. Between 2010-2020, breaches of interim intervention orders increased by almost 300%, from 6,216 to 17,385.
Breaching an Intervention Order is a criminal offence. Consequences can include fines, imprisonment, or both. In Victoria, the imprisonment rate for such breaches has risen from 14% in 2011 to 40% in 2020.
In 2019-2020, Victoria Police attended 88,214 family violence incidents.
Contact us
Need expert advice on intervention order matters? We're here to help you navigate this challenging process with confidence.
To book a free consultation with our family violence intervention order law experts, call 03 8590 8370 or use our online contact form here. Our lawyers will be happy to discuss the specifics of your case, explain the process, and determine what the next steps may look like.