FAMILY VIOLENCE INTERVENTION
An Intervention Order in Victoria is a legal court order designed to protect individuals and their property from aggressive or harassing behaviour carried out by another person. This order, which is imposed under specific conditions, restricts the behaviour of the person responsible for the aggressive or harassing conduct (the respondent). Violating these conditions may result in the respondent’s arrest and criminal charges under the applicable legislation.
There are two primary types of intervention orders in Victoria:
- Family Violence Intervention Orders (FVIO)
- Personal Safety Intervention Orders (PSIO)
- Family Violence Intervention Orders (FVIO):
Family Violence Intervention Orders are established by the Family Violence Protection Act 2008 (Vic) and are designed to safeguard the applicant and their property from abusive or harassing behaviour carried out by a family member, referred to as the respondent.
According to the Act, family violence includes behaviour that involves:
- Physical abuse (such as hitting and kicking)
- Sexual abuse (using threats to coerce someone into sexual acts)
- Emotional or psychological abuse (verbal or written bullying, taunting)
- Economic abuse (exerting control over another person’s finances without consent)
- Threats (threatening physical or emotional harm)
- Coercion (threatening self-harm if the relationship ends)
- Dominance and control causing fear (threatening harm to others)
- Any behaviour that exposes a child to the effects of the above behaviours
In cases of family violence, family members encompass:
- Current and former spouses or domestic partners
- Individuals with or previously had an intimate personal relationship
- Relatives
- Children who reside or previously resided with the respondent
- Children who have or previously had an intimate personal relationship with the respondent
It’s essential to note that an Intervention Order’s purpose is to ensure the safety and protection of the applicant and their property, creating a legal barrier against harmful behaviour.
Personal Safety Intervention Orders
In Victoria, Personal Safety Intervention Orders are legislated under the Personal Safety Intervention Orders Act 2010 (Vic).
Personal Safety Intervention Orders have similar purposes as a Family Violence Intervention Order, except it is used in circumstances where the parties are unrelated (as opposed to family). For example, an unrelated party might include a neighbour, a colleague, an acquaintance or even a stranger.
The Act states that a person can apply for a Personal Safety Intervention Order if they have been subject to the following behaviour from the respondent:
- Assault;
- Sexual assault;
- Harassment;
- Property damage or interference; or
- Making a serious threat.
Applying for and Responding to Intervention Orders in Victoria
For professional guidance when seeking or responding to a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO), Tony Hannebery Lawyers is available to assist. With our years of experience advising and representing both applicants and respondents in Intervention Order cases, we possess a deep understanding of the Magistrates Court’s processes, providing you with the best prospects for a positive outcome. Contact us to receive timely legal advice and discuss your options.
