CALL US: 9600 0665 ( After Hours: 0412833360 )
Our Intervention Order Lawyers are experienced in fast-tracking the removal of IVOs, Safety Notices, AVOs, PSIOs and Family Violence Orders.
Do you wish to defend an IVO?
Our family violence lawyers in Melbourne understand the laws which relate to Interventions Orders (IVOs) – sometimes called Apprehended Violence Orders (AVO)s.
We'll analyse the circumstances of your case and apply the best defence to any domestic violence charges. The team at Pica Criminal Lawyers has the expertise and experience to help you.
Client’s often ask us, ‘how can I beat this intervention order?’
There’s no simple answer. You need an experienced lawyer to sit down with you, listen to your circumstances and carefully consider your case.
Our firm has family violence intervention order lawyers who are specialists in defending:
We regularly appear at Court and achieve the best results possible.
Once we commence acting for you, we will analyse your case and give you honest and expert advice about your prospects of success.
Intervention orders often exist in conjunction with Criminal Charges, Family Court Orders and Child Protection Orders. We can assist you in navigating the best intervention order result where it needs to coexist with these other orders.
Care should be taken when deciding your course of action with respect to an intervention order. An intervention can affect:
You also need to consider:
It should be noted that having an intervention order imposed upon you is a civil matter and does not result in itself create a criminal record.
However, any breach of an intervention order is a criminal matter.
If proven, a breach of an intervention order likely will result in a criminal record. If you are charged by police for with breaching of an intervention order and you contest the charge and win, you will be entitled to apply for costs against Victoria Police.
We can assist you with:
These are the most common form of intervention orders before the Courts. The legislation can be found within the Family Violence Protection Act 2008. Click on the link to gain a greater understanding of your rights and abilities to apply for or defend an order involving person who is defined as a family member, domestic partner or relative.
Family Violence Intervention Orders can be obtained against:
These definitions are extensive and captures a number of people within the immediate family setting.
In addition, the definition of family violence is extensive and extends beyond physical abuse and includes threatening behaviours, mental harm, coercive controlling behaviour, economic abuse mental or psychological harm, engaging in the above sorts of behaviours in the presence or hearing of children as well as a number of other actions as defined by the legislation.
You can apply for an intervention order even if you do not have a family connection with the person against whom you seek the intervention order. These applications are made under the Personal Safety Intervention Order Act 2010 Click on the link to gain a greater understanding of your rights and abilities to apply for or defend an order involving a person who is not defined as a family member.
An order can be changed in respect of its conditions or revoked at any stage whilst it is an interim order by making application to the Court. The order can also be changed or when it has been made as a final order although the process can be more difficult when a final order has been made. When Police have taken an intervention order out as the applicant on behalf of a person or persons the process of changing or revoking the order can be become more complicated and difficult.
Any respondent who wants to apply to change or revoke the intervention order must obtain permission from the Court to be allowed to make the application to change or cancel/revoke the intervention order. This will often mean having to attend Court twice if you are given permission by the Court to apply to change or revoke the order before an application will be accepted and listed.
The respondent will have to show that since the order was made there has been a change in facts and circumstances that did not exist previously that would justify an application being made. If the Court is of the view that there is merit in your application, it will grant you leave to apply and you will need to serve the documents on the other parties and come back to Court on another date to make the application.
This is a very complicated process, and you are urged to get legal representation to endeavour to have an intervention order withdrawn. This applies whether you are the protected person or the respondent. All too often respondents receive communications form the protected person that they do not want an intervention order. Often these attempts to withdraw the intervention order without representation end up with the respondent committing breaches of intervention order offences.
The fact that the protected person initiates the contact is not a defence to a breach of intervention order charge. Remember, the protected person cannot vary the order and the protected person cannot give you permission to breach the order – it is the court’s order. Only the court can vary the order, not the protected person. If you are contacted by the protected person, you should not communicate or get another person to communicate with the protected person, unless there is an exception in the intervention order that allows you to do so.
Victoria Police will not withdraw intervention orders that they have taken out on behalf of a protected person simply because the protected person says so. The Court will also have a part to play in the withdrawing of intervention orders.
The basic rule in this jurisdiction is that each party bears their own costs. In the vast majority of cases a person who successfully defends an application for an intervention order will not be able to claim their legal costs from the other party.
The legislation, however, does allow for an award of costs to a successful party in exceptional circumstances. The Courts apply a very high test to such awards and you need to demonstrate very special circumstances. If the Court is of the view that the Application was brought in bad faith it may award costs. Each situation will be determined on its own merits.
It is possible to have an intervention order withdrawn and replaced by an Undertaking to the Court to comply with certain conditions. If the Undertaking to the Court is breached the matter will need to be brought back before the Court by the Applicant and the Court will deal with the matter as it sees fit.
The police will not act upon a breach of the Undertaking to the Court as they would if there is an alleged breach of an Intervention order.
Some of the forms you may require may be obtained by clicking on the following links:
Here's How It Works:
If you have an urgent Bail hearing, our lines are open 24-7.
If you are facing arrest, if Police wish to speak with you, or you need defending in Court for any criminal matter at all, contact us urgently.
Fill out the form below to recieve a free and confidential intial consultation.
