Intervention Orders: Victoria
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:
interference with or damage to property
To obtain an intervention order, these behaviours often need to occur more than once. They also need to be intentional. The individual must be aware that their actions might potentially injure, arouse fear, or cause harm (or should have been aware of this).
The Magistrates’ Courts have the authority to suspend or restore a parenting order to the degree that it requires or permits a person to spend time with a child, according to Section 68R(1) of the Family Law Act (Cth) 1975. A family violence intervention order is referred to in the Act as either a final order or an interim order. A final order is one that has been affirmed by the County Court or Supreme Court. A final order is one that has been issued under Sections 74, 76, 77, 77A, or 77B and may have been modified or extended under Sections 100, 119(2)(c), or 173(2).
Some parenting orders call for or permit someone to visit a kid. Sometimes, this conflicts with a Family Violence Order, which can tell someone to avoid and avoid contact with that particular child. The Family Law Act handles that contradiction. For instance, section 68Q provides that a Family Violence Order is invalid where there is an inconsistent Parenting Order, and section 68R states that “in proceedings to make or vary a family violence order, a court of a State or Territory that has jurisdiction in relation to this Part may revive, vary, discharge or suspend…a parenting order”.
This means that a Parenting Order and an Intervention Order must be compatible with one another, to put it simply, and to make sure there are no conflicts, the Parenting Order may also be altered at the same time as the Intervention Order.
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.
A final factual finding or a finding by consent made at an intervention order hearing is required by section 60CC(3)(k) of the Family Law Act in order for appropriate inferences to be reached regarding what is in the best interests of the child at issue in the custody dispute. Because of this, it is advantageous for the opposing party to ask for an intervention order before family court cases are resolved.
According to Section 82 of the Family Violence Protection Act, parties may order the exclusion of third parties from the marital residence. If an interim order is issued, the situation can stay the same for six to twelve months while a final factual determination on the order is made.
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.
Although these intervention orders are frequently used to safeguard individuals who have been the targets of chronic and unrelenting domestic abuse, they are occasionally requested by persons who want to secure their property rights or to expedite their application for citizenship. This can result in people lying about intervention orders in order to get a temporary intervention order or a permanent intervention order before a magistrate. Unfortunately, even though this amounts to perjury, the police seldom take any action until there is absolute proof, beyond a reasonable doubt, that the person has lied.
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