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Victoria’s only reliable 24-hour legal service.
Call us on (03) 9870 1959
Paul Vale Criminal Law assists with family violence and personal safety intervention order matters, including applications. Intervention orders can have serious legal and practical consequences, whether you are seeking protection or responding to an application made against you.
At Paul Vale Criminal Law, our lawyers advise clients in both family violence and personal safety intervention order matters. These proceedings are commonly heard in the Magistrates’ Court and can affect where you live, who you can contact, and how related criminal charges are defended.
Paul Vale Criminal Law helps with family violence and personal safety intervention order matters, including applications for one. Intervention orders can have serious legal and practical consequences, whether you are seeking protection or responding to an application made against you.
At Paul Vale Criminal Law, our lawyers advise clients in both family violence and personal safety intervention order matters. These proceedings are commonly heard in the Magistrates’ Court and can affect where you live, who you can contact, and how related criminal charges are defended.
Intervention Orders can be complex. Our team has extensive experience in handling these matters and can provide clear, practical advice. When people appear without legal representation, they are often unware of the consequences of an active order. For example, an order may lead to suspension of firearm licences or exclusion from the family home. In addition, breaching an Intervention Order can result in criminal charges.
Intervention Orders are court orders that impose conditions on a respondent. These conditions aim to prevent further Family Violence.
Family Violence is behaviour by one person towards a family member that:
A victim of Family Violence may start an application personally, or Police may apply on that person’s behalf. If a victim wants to apply for an Intervention Order, they must attend the Magistrates Court and give evidence explaining why they seek the order.
An interim order is a temporary order. The court grants it at the start of the process, and it remains in place until the court finally determines the matter. Once the respondent receives service of the interim order, it becomes active.
A final order is the order the Magistrate makes after deciding what conditions should apply and how long the order should remain in force. The court treats breaches of interim orders and final orders in the same way.The court may make a final order if it is satisfied, on the balance of probabilities, that the respondent committed family violence against the protected person and is likely to continue that conduct or repeat it.
Common conditions include orders:
If a respondent breaches an Intervention Order, Police may investigate the breach and lay criminal charges.
The maximum penalty for breaching an Intervention Order is Level 7 imprisonment (2 years maximum), a Level 7 fine (240 penalty units maximum), or both. It is important to obtain the right representation in an Intervention Order process. With our experience in these matters, our team can provide the advice you need in any situation involving Intervention Orders.
Read up on some of our past criminal law cases studies. Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.A Family Violence Safety Notice is a legal document that prohibits certain behaviour by one person, known as the respondent, against another person, known as the affected family member. It also operates as a police application for an Intervention Order and includes a summons requiring the respondent to attend court on a specified date.
After attending a 000 callout or responding to a report of a Family Violence incident, Police may issue a Family Violence Safety Notice. They may do so where they have reasonable grounds to believe that the notice is necessary to protect the safety or property of the affected family member.
Family Violence Safety Notices are temporary. They remain in force only until the court hears the application for an Intervention Order. However, they have the same legal effect as an Intervention Order. As a result, breaching a Family Violence Safety Notice is a criminal offence.
The Magistrates Court will hear the police application within 14 days after service of the Family Violence Safety Notice. At that hearing, the Magistrate may make an Interim Intervention Order on any conditions the Magistrate considers necessary or desirable.
An Interim Intervention Order is a temporary court order that prohibits certain behaviour. It remains in place until Police withdraw the application or the court makes a final order.
The court may make an Interim Intervention Order in your absence and without your consent. Therefore, if you wish to oppose the making of the order or challenge the conditions Police seek, you should attend court and present your case.
If the Magistrate makes an Interim Intervention Order, the court will set another date to determine whether it should make a final order.
If the Magistrate is satisfied, on the balance of probabilities, that the respondent committed Family Violence against the affected family member and is likely to do so again, the court may make a Final Intervention Order. Again, the court may do this in your absence and without your consent.
A Final Intervention Order will contain any conditions the Magistrate considers necessary or desirable. It will also remain in force for the period the Magistrate sets.
When deciding the duration and conditions of the order, the Magistrate may consider matters raised by the respondent that are relevant to the application. Therefore, if you want to reduce the impact of the order, you should attend court and put your position forward.
A Final Intervention Order expires on the date specified by the Magistrate. After that date, the order no longer applies.
Breaching the conditions of a Family Violence Intervention Order or a Family Violence Safety Notice is a criminal offence. The maximum penalty is 2 years imprisonment or a fine of 240 penalty units.
This is a strict liability offence. That means a person cannot rely on a lack of understanding of the order, or a lack of intention to cause harm, as a defence. Therefore, if you do not understand the conditions of an order or notice, or if you believe you cannot comply with them, you should seek legal advice immediately.
Read up on some of our past criminal law cases studies.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.