Intervention orders are court orders that can be granted by the Magistrates’ Court. In assault cases, they play a crucial role in helping to protect individuals from harm. However, as with many legal concepts, understanding how they work and how to apply for one can be tricky, especially for individuals who might not have any access to legal advice. In this post, we take a closer look at what kinds of intervention orders exist in Victoria, when and how they are issued and how they work.
Types of Intervention Orders
In the state of Victoria, there are two types of intervention orders that can be granted: family violence intervention orders and personal safety intervention orders.
Family Violence Intervention Orders
As their name suggests, family violence intervention orders are issued in cases where an individual feels unsafe as a result of harmful behaviour by a family member. This can include not just acts of physical violence and assault but also emotional and psychological abuse.
Personal Safety Intervention Orders
On the other hand, personal safety intervention orders are more general in nature and can be issued against anyone. In cases of assault, this most often includes the person who committed the act of assault.
How Do Intervention Orders Work?
For an intervention order to be issued, an application must be made by the person seeking the order in the Magistrates’ Court. Depending on the type of intervention order that an individual is seeking, the required information that they will need to provide may differ. In any case, a magistrate will consider all the submissions make during the application before deciding on whether or not to grant an intervention order as well as the conditions.
No two orders are the same and different intervention orders can have different conditions. These conditions operate as a set of rules that must be followed by the person against whom the order is granted. If any of the conditions are breached, the person who breaches them may be charged by the police with a criminal offence.
What to Do if an Intervention Order Has Been Made Against You
If you have had an intervention order made against you, it is important to take the order seriously and to respect the conditions set out in the order. This is even in cases where you might wish to dispute the allegations that have been made against you. It is also important to ensure that you do not attempt to negotiate outside the legal channels as that might do more harm than good to your case.
If you believe that the intervention order has been wrongly made against you and you wish to contest the allegations, a criminal defence lawyer can help. Leanne Warren & Associates are the premier criminal lawyers in Melbourne and our team of experienced lawyers has decades of experience combined helping individuals with their legal cases. Contact us today for a free, no-obligation consultation!
