An intervention order (commonly referred to as an AVO or DVO) can have major ramifications on you if you have children, making legal advice essential. An intervention order lawyer can assist in helping you understand both your legal rights and obligations.
Being the subject of an Intervention Order does not equate to criminal charges; however, violations can result in fines or jail time.
Application
If you want to apply for an intervention order on your own (or with police assistance) or have been advised by someone that it would be wise for you to do so, the first step should be attending court - perhaps taking a friend or family member along for support if applicable.
At court, a registrar will review your application form and interview you in an open environment, asking about what has occurred and why an intervention order is necessary.
If you agree, a magistrate can issue a final intervention order with conditions designed to stop certain behavior by those listed on it and other people or places they shouldn't visit or come near you. Should circumstances change you can make an application to vary or revoke the order.
Contested hearing
Once the police are satisfied that there is an imminent risk of harm, they will issue an interim intervention order until all relevant evidence can be heard by a court and decided on by them - typically within 24 hours after receiving your application for intervention.
Once someone receives an intervention order from a court, they must adhere to it until changed or cancelled by another judge. Any violations could lead to arrest and possible criminal charges being laid against them in addition to fines being assessed against them.
Intervention order lawyers can be invaluable assets when building your defense and representing you in court. They can explain your rights, prepare the case against the other party if needed and negotiate on your behalf if negotiations fail. They can also advise whether seeking an intervention order is the best way to safeguard yourself as well as assist with creating an undertaking agreement or contract if that becomes necessary.
Undertaking
An undertaking is an agreement you make in Court to comply with the conditions of an intervention order. Violating its terms constitutes a criminal offence, which could result in arrest and jail. Therefore it's wise to seek legal advice prior to agreeing to any undertakings.
Intervention orders (commonly referred to as an Apprehended Violence Order in NSW, Family Violence Intervention Order in Victoria or Personal Safety Intervention Order in South Australia) are court-issued restrictions designed to control someone's behaviour - they can for instance prohibit them from assaulting or harassing you, stalking you or making threats of violence against you.
At a preliminary hearing, a magistrate will review both an affidavit and evidence presented at a preliminary hearing before making their decision. If issued by police, this must include filling out and serving out a Statement of Factual Matters Supporting Police Issued Interim Intervention Order to respondent [Uniform Special Statutory Rules 2022 (SA) R82.1]. If submitted through private application then an applicant may need to attend in person in order to present their side.
Enforcement
Intervention orders not only impose conditions on behavior, but can also stipulate distance and contact arrangements between people - this can be especially useful when parties are divorcing and need to negotiate parenting or property arrangements.
Courts have the ability to issue both interim and final intervention orders. Interim orders usually only last for short-term use and must be served upon the respondent immediately upon being issued by police.
Victoria Police may charge an individual who breaches an intervention order with criminal offences, as any violation can have severe repercussions. Consulting with an intervention order attorney to protect their legal rights during enforcement is key, while building strong defense strategies is also key if appearing before court proceedings are imminent. Being aware of what potential hearings and hearing dates lie ahead will give an idea of the broader ramifications associated with an intervention order is also paramount to effective representation and advocacy for their client's best interest.
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