An Intervention Order may be imposed if it can be shown to the Court that a person has been subjected to violence by another. The Family Violence Protection Act 2008 (Vic) defines violence generally as being physical, sexual, emotional or economic abuse suffered by the person the subject of the Intervention Order.
Intervention Order Applications are made in the Magistrates Court and such Applications are generally made either by the person seeking the order themselves or by a Member of the Police Force on the person’s behalf, who so sought to be protected.
It is common practice by most people in the court system to advise a recipient of an Application for an Intervention Order to simply agree or ‘consent’ to an Intervention Order being imposed. This practice will not always be the best approach as the consequences of having an Intervention Order imposed, as will be explained further within this website, can lead to criminal charges for any breach of the Intervention Order and/or secondary effects on a person’s ability to maintain contact with their children and family, or hold certain licences to carry a firearm/weapon, work in security and government roles, and/or apply for new employment roles the subject of criminal record checks.
In addition, if an Application for an Intervention Order is made in the context of Family Law proceedings or other Civil proceedings its mere existence will generally adversely affect the person upon which it is imposed’s interests.
A standard type Intervention Order will commonly have the following conditions:
The Court ordered that the respondent must not:
- Committing family violence against the protected person(s) including:
- physical abuse; or
- sexual abuse; or
- emotional or psychological abuse; or
- economic abuse; or
- threats; or
- coercion; or
- controlling or dominating behaviour that makes a protected person feel fear for his/her safety or well-being or the safety or well-being of another person; or
- unlawful deprivation of liberty; or
- causing a child/children to be exposed to these behaviours
- Intentionally damage the protected person(s) property or threatening to do so.
- Following the protected person(s) or keeping him/her/them under surveillance.
- Publish on the internet or by email or other electronic communication any material relating to or purporting to relate to or originate from the protected person(s).
- Contacting or communicating with the protected person(s), including by telephone, text message or email.
Exceptions:
- contacting the Applicant to make child arrangements but only in accordance with the parenting plan.
- through a lawyer; or
- to arrange and participate in counselling or mediation by agreement with the Applicant
- Knowingly being at or within 5 metres of the protected person(s).
Exceptions:
- for the purpose of child/ren’s arrangements but only in accordance with the parenting plan.
- to participate in counselling or mediation by agreement with the Applicant
- Going to or remaining within 200 metres of the home at the Applicant’s Address or any other place where the protected person lives, works or attends school.
Exceptions:
- attending the home for the purpose of child/ren’s arrangements but only In accordance with the parenting plan.
- attending the home in the company of a police officer to collect personal property that is not required to remain in the home or to return property.
- Causing another person to engage in conduct prohibited by this order.
- Until further order, if the respondent has a firearms authority, it is suspended. The respondent must hand any firearms in his/her possession to police immediately.
- This order does not prevent the respondent from seeking to make or change arrangements for the child/ren named in this order to live with, spend time with or communicate with him/her. Such arrangements (including arrangements for the handover of the child/ren) must be in accordance with the parenting plan. These arrangements can be negotiated through lawyers.
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