There are many various titles for intervention orders throughout several States. They can be classified as either personal safety intervention orders (PSIO) or family violence intervention orders (FVIO) in Victoria, however they are frequently referred to as IVOs. Apprehended violence orders, or AVOs, are what they are known as in NSW.

If the respondent did any of the following to the protected person, the magistrate may issue a personal safety intervention order:

• assault

• Sexual assault

• harassment

• interference with or damage to property

• serious threat.

A parent may still be able to see their child even if there is an intervention order in place. Any time spent must, however, be in accordance with the Intervention Order and/or Parenting Orders. It is advisable to get legal counsel regarding your rights and duties as there may be significant repercussions if an Intervention Order or Parenting Order is violated.

In accordance with Section 68P, the Family Court or Federal Magistrates’ Court may issue an order or additional order that conflicts with a family violence order and may revoke the order to the degree required to set the discrepancy right. This presents an issue since a family court order, which may take several weeks, may be executed much more quickly than an interim family violence order.

GETTING AN INTERVENTION ORDER

To submit an application for an intervention order, the applicant must appear in person at the appropriate location (the Magistrates’ Court or Children’s Court). The court may issue an interim injunction if it finds, on the balance of probability, that doing so is necessary to safeguard the protected person’s safety or to preserve the affected person’s property. A temporary order is just as binding as a permanent one.

The legal criteria for granting an interim order are outlined in Section 35 of the Personal Safety Intervention Order Act of 2010.

According to section 61 of the Personal Safety Intervention Order Act 2010, a final order may be made by the Magistrate if the court determines that the person has violated the affected person’s rights, is likely to do so again, and that their conduct would make a reasonable person fear for their safety.

PURPOSE OF IVO

Through personal safety intervention orders or family violence intervention orders, the law intends to protect persons who are unable to defend themselves.

The individual listed in the order is forbidden from approaching, stalking, or harming the target of the order through family members. If a person violates the aforementioned requirements, authorities have the authority to arrest them right away under the orders. Unfortunately, it appears that personal safety intervention orders and domestic violence orders are not always applied in the way that the lawmakers intended.

For more information on Intervention Order, visit our Intervention Orders: Victoria page.