Intervention Orders

Intervention Orders

Intervention orders, or IVOs, provide immediate legal protection from family violence and impose serious legal obligations on the named respondent. This is not to be confused with domestic violence orders (DVOs) and apprehended violence orders (AVOs), which IVOs are often mistakenly called. Due to the sensitive nature of the matters intervention orders are concerned with, IVO matters move quickly and often have lasting consequences on parenting arrangements, employment, firearms licenses, and future legal proceedings. Prompt and informed legal advice from a responsive and qualified intervention order lawyer in Melbourne is critical to protect your safety and legal position.

When an IVO is Appropriate

An intervention order is appropriate and valuable where a person feels endangered, fearing for their safety, or experiencing family violence. Family violence is not limited to physical harm, and can extend to forms of abuse such as threats, intimidation, and both psychological and emotional abuse.

Police may apply for an IVO on behalf of an affected family member, or an individual may apply directly to the Magistrates’ Court.

If it is necessary to ensure someone’s safety (or to preserve their property), the court can make an interim intervention order that is temporary but legally enforceable. While these are not final, they require strict compliance, and breaches can result in criminal charges.

When determining whether a final IVO should be granted, the court must be satisfied that the respondent has committed family violence and that they are likely to continue to do so. The court will consider risk factors and safety concerns, including the nature of the alleged behavior, whether or not it is ongoing or escalating, and whether a party’s safety is at risk.

Engaging competent intervention order lawyers is crucial for assessing your risk and responding promptly and effectively.

Applying For or Responding to an IVO

The process differs depending on whether you are the applicant seeking protection or the respondent defending an application. Applicants must clearly detail the factors that have led to their need for protection. On the other hand, respondents must fully understand the allegations against them, comply with any interim orders, and decide how best to respond to the allegations. Given the urgency of these matters, early advice from an experienced intervention order lawyer, such as those at Schetzer Papaleo Family Lawyers, can significantly impact the outcome of your case.

An IVO matter may be resolved, by consent, in two ways. The respondent may choose to give an undertaking (a formal promise) to the court, agreeing to certain conditions without an order being made. Alternatively, parties may agree to a consent order without admissions, finalising the matter while avoiding findings of wrongdoing. If an agreement cannot be reached, the IVO matter will proceed to a contested hearing wherein evidence is tested, and the magistrate determines whether a final order is necessary. Each option carries legal and practical consequences that ultimately affect future family law matters.

Evidence & Safety Planning

Given the forward nature of intervention orders, it is crucial to present pertinent evidence during proceedings. The court may consider sworn statements, text messages, emails, call records, and other relevant documents, such as police records. Specific and clear evidence bears more weight than general allegations.

An IVO lawyer can best advise you on essential documents to prepare, as well as the best evidence to have ready to protect your safety and best interests.

How IVOs Intersect with Parenting and Property Matters

Intervention orders often intersect with family law proceedings, particularly when parties share children. IVO conditions can significantly affect and influence parenting arrangements and communication methods between parents.

Coordinated legal advice is crucial given the intersections with family law, and failing to align parenting arrangements with IVO conditions can lead to breaches or may undermine future family law outcomes.

Schetzer Papaleo Family Lawyers makes aligning these matters easier with our team of family law experts, who are well-versed in every aspect of both family law and intervention order matters.

Schetzer Papaleo Responds Quickly and In Your Best Interests

IVO matters are typically urgent and emotionally charged. Our approach to these matters is designed to provide timely and decisive support when it matters most. We offer legal advice for urgent situations, assistance with applications and responses, and representation at court hearings.

Beyond the immediate hearing, we also develop longer-term strategies that consider other issues, such as the effect on any family law matters. We achieve outcomes that protect your rights, safety, minimise ongoing conflict, and give you confidence and clarity as you move forward.

Get Protected or Defend Your Position Now

Whether you’re seeking protection or responding to an application, intervention orders carry serious consequences. Early and informed action can significantly affect immediate and long-term legal outcomes. Reach out to Schetzer Papaleo Family Lawyers at +61 3 8602 2000 or email us at admin@spfamilylawyers.com.au now for intervention order lawyers who can protect you and guide you from start to finish.