Should an intervention order be issued against you, it is imperative that legal advice is sought immediately as these orders can have dire repercussions, including possible criminal records.
An attorney can protect your legal rights, assist in developing a strong defence strategy and represent you in court. They will also outline how best to defend an intervention order and avoid breaching it.
APVOs
APVOs (Anti-Personnel Violence Orders) are private applications made to the Court by anyone who feels threatened by another. This could include ex-partners, neighbors or work colleagues. If successful in their claims against an alleged perpetrator (the "PINOP") they can obtain an order with far reaching consequences that has lasting ramifications on their life.
APVOs differ from ADVOs by applying only to people not currently involved in domestic relationships and are governed by the Crimes (Domestic and Personal Violence) Act 2007. Police often apply for these orders on behalf of an alleged victim. Unfortunately, this makes challenging allegations more challenging; in cases of vexatious claims there are sometimes numerous issues which can be raised to undermine PINOP claims.
Interim orders
People seeking temporary orders on important issues, like where their children will live and the amount of spousal support owed, may require interim orders made from a court to address such matters. Apply for them here.
Making the decision to impose an interim order can have serious repercussions for both reputation and finances, so it's crucial that decision-makers carefully consider all available evidence when determining whether such an order should be enforced.
If you believe an applicant is being given an unfair hearing, you can file your own application by filing a Notice of Application with supporting affidavits (known as a cross-application). It will usually be heard simultaneously with their application.
Final orders
Once an application is filed online or in person at a magistrates Court and the registrar believes immediate protection is required, an interim intervention order lawyer may be issued and served on the respondent by Victoria police with immediate effect.
This phase will last until a final order has been granted; its length depends on an evaluation of risk to a protected person as well as frequency and severity of behavior alleged against someone.
Final orders typically replace temporary ones. If the parties agree on a custody arrangement, an uncontested setting slip or affidavit in support of summary disposition (so the judge approves their decree without hearing) can be completed and include details regarding what each party wants the judge to order.
Defending an order
An intervention order has far-reaching legal and social ramifications, such as impacting an individual's license to work as a security guard, employment opportunities or even travel. Breaking an order could even result in criminal charges being laid against them or even imprisonment in more extreme cases.
Defense of an order involves attending court and disputing the accusations made against you by an Applicant (such as Police or your former partner). A registrar will review your application form and interview under caution with you privately before giving a hearing date and any conditions or rules to follow for the order (eg: prohibition from communicating with respondent). While difficult, such interactions should be avoided where possible.
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