This is not legal advice. You should speak to a Lawyer before making any decisions. This blog is general information only, do not rely on it.
If you are applying for a family violence intervention order, or have just been served one, you might be confused about what the process is, what it all means and whether you need to get a lawyer.
Family violence intervention orders are civil orders of a court. They are not criminal matters, are not subject to the criminal standard of proof (beyond reasonable doubt) and don’t impact your criminal record. Intervention Orders are court orders to protect affected family member(s) from someone.
The terms commonly used in orders are:
- Applicant – the person applying for the order. This will almost always either be the person who is wanting the protection of the order, or the Police.
- Affected Family Member (AFM) – This is the person or people who the order will protect.
- Respondent – This is the person who the order is “against”, the person who will be subject to the conditions of the order and face criminal consequences if they breach and it’s reported to the Police.
The Police will apply for an intervention order on behalf of someone in matters where either a criminal offence has allegedly been committed by the respondent against the AFM, or they are of the view that the matter is sufficiently serious to step in.
Intervention orders can have several conditions. Commonly used terms to describe intervention order conditions:
- “No Contact Order” or “Full Order” – This is typically an IVO with all of the available conditions. It stops the respondent from committing family violence, communicating with the AFM, being near them or where they live or work or attend school etc. and from posting anything about them, and from getting anyone else to do those things.
- “Safe Contact Order” or “Limited Order” – This type of order typically wouldn’t refrain the respondent from speaking to the AFM, or being near them or their house etc. It is designed to stop the respondent from committing family violence, damaging property, and getting other people to do those things.
There are several exceptions that can be included on an intervention order. The purpose of an exception is to enable the respondent to do something in certain circumstances that the order otherwise says they cannot do.
For instance, if the respondent and AFM have children together, and there is a full no contact order in place, the respondent would not be able to speak to or see the children. An exception might be included on an order to allow the respondent to contact the AFM to organise to speak to or see the children, and if the AFM allows it, for the Respondent to do what has been organised, without breaching the order.
If you are the respondent to an intervention order and you have children with the AFM, you should contact a lawyer to provide you with assistance and advice. Loftgood Legal are based in Geelong, and experienced in family violence intervention orders. Contact us today to see if we can assist you.
