Family/ Domestic Violence or Personal Safety Intervention Orders
Family Violence
Shan Lawyers is your dedicated family law firm in the southeastern suburbs (McKinnon, Chadstone, Glen Waverley, Dandenong, Carrum Downs) and across Melbourne, here to assist you with cases of domestic violence, which often involve intervention orders to protect you, your children, and your property from a family member, your partner or your ex-partner. We understand it is a stressful and difficult situation, so we take an empathetic and compassionate approach to help you navigate it as best as possible.
We are here to provide you with the best guidance at every step of your legal matters!
Family Violence Intervention Orders
We’ve been trusted to guide you through complex and emotionally charged situations.
1. What is an Intervention Order?
An intervention order, also known as a family violence intervention order (FVIO), domestic violence order (DVO), family violence order, apprehended violence order (AVO), violence restraining order (VRO), or protective order in other states and territories, is a court order issued to protect individuals from family or domestic violence or safety concerns or risks.
2. What is family violence?
If your spouse uses abusive behaviour to control, threaten or dominate you, often causing fear. It can be physical abuse, sexual abuse, emotional or psychological abuse or financial abuse.
If your children hear, see, or are around family violence in any way, they are also victims of family violence.
If you are in immediate danger, or at risk, or in fear, please contact 000.
3. What are the conditions typically included in a family violence intervention order?
The conditions are put in place to ensure the safety and well-being of the affected individuals. They aim to ensure the safety of an affected family member, their children, and property. The order is a legal document that mandates the person committing family violence, referred to as the respondent, to adhere to specific conditions.
For example, they must refrain from contacting the affected individuals or coming near their residence or workplace or damaging any property. The respondent must also maintain a certain distance from the affected person and their property and cannot damage or interfere with the affected person’s property. The respondent must also not engage in harassment or threats, and they must refrain from specific behaviours.
4. Who are the family members?
For family violence intervention orders, family members are individuals who share an intimate personal relationship. This includes spouses, de facto partners, domestic partners (regardless of whether there is a sexual relationship), parents, children (including stepchildren and children of an intimate partner), relatives by birth, marriage, or adoption, as well as people you treat like family members, such as a carer, guardian, or extended family member.
5. What is a personal safety intervention order?
A personal safety intervention order is a legal order issued to protect a person from non-family members. This can include individuals such as a neighbour, friend, work colleague, employer, employee, tenant, landlord, student, or even a stranger. The order is intended to prevent harassment, stalking, threats, or other unwanted behaviours by setting specific conditions that the respondent (a person against whom the intervention order application is made) must follow.
6. Who can assist with getting an intervention order?
If you are in immediate danger or at risk, you can contact 000. The police will conduct a risk assessment and may issue a family violence safety notice. If the police are satisfied that you are at immediate risk, they will apply for an intervention order on your behalf, which becomes a police application. The police will assist you with the process.
If you are not in immediate danger, you may need to submit an intervention order application yourself. You can lodge an online application for a family violence intervention order to be heard at all court locations.
Please note: You may also be eligible to receive family violence support services from other organisations, like:
7. What will happen if you disobey the conditions set out in the Intervention Order?
8. Can the respondent challenge the intervention order application filed against them?
Yes, if you have been served with the intervention order application containing false allegations.
9. Can I self-represent in an intervention order application issued against me?
10. What is a cross-application in intervention orders?
A cross-application occurs when both parties involved in a family violence dispute apply for intervention orders against each other. This can happen when each party claims to be a victim of family violence and seeks protection from the other. In such cases, the court will consider both applications and the evidence presented to determine if orders should be granted and under what conditions.
If a cross-application is made, both parties should seek legal advice to understand their legal rights and obligations. The court may hear both applications together and make separate decisions on each, depending on the circumstances.
11. What happens if an intervention order is issued against a person who holds a temporary visa in Australia?