A genuinely conscious web developer, Jeremy Hammond is accused of using his computer savvy to attack conservative groups and State operators. He is being charged with providing Wikileaks the documents for their latest Stratfor release.
A family violence intervention order is one of the most commonly sought civil orders in the Victorian court system. Understanding what the order is, how it works, and what it means for everyone involved is the starting point for anyone affected by a family violence matter , whether as an applicant seeking protection or a respondent named in the order.
This article provides general information about family violence intervention orders in Victoria. It is not legal advice for any specific matter.
A family violence intervention order, often referred to as an IVO or FVIO, is a civil order made by the Magistrates Court of Victoria under the Family Violence Protection Act 2008 (Vic). The order imposes conditions on a person named as the respondent, restricting their contact with and conduct toward one or more protected persons. Despite being a civil order, breaching its conditions is a criminal offence. The order does not create a criminal record in itself, but the circumstances surrounding it, and any breach, can give rise to criminal proceedings.
An Apprehended Violence Order, or AVO, is the equivalent order in New South Wales. In Victoria the correct term is intervention order, specifically a family violence intervention order for matters between family members or people in a domestic relationship, and a personal safety intervention order for matters between people who are not in a family or domestic relationship. The legal framework, the procedure, and the conditions of the orders differ between states. A Victorian intervention order has no force in New South Wales and vice versa, though registration processes exist for cross-border enforcement.
The protected person is usually the applicant, but the order can also protect children of the relationship, other family members, and in some circumstances other people identified as being at risk. Children are frequently included as protected persons even where the primary concern is conduct between adults. The conditions of the order extend to all named protected persons, and conduct toward any of them in breach of the order is a criminal offence.
Family violence intervention orders in Victoria are governed by the Family Violence Protection Act 2008 (Vic). The Act defines family violence, sets out the grounds for making an order, the procedure for applications and hearings, the conditions that can be imposed, and the consequences of breach. The Act has been amended significantly since its introduction, and current practice reflects those amendments. Related legislation including the Bail Act 1977 (Vic) and the Crimes Act 1958 (Vic) intersect with family violence matters in important ways, particularly where criminal charges arise from the same conduct.
The Family Violence Protection Act 2008 (Vic) defines family violence broadly. It includes physical, sexual, emotional, psychological, and economic abuse. It also includes behaviour that causes a person to live in fear for their safety or the safety of another person, behaviour that controls, dominates, or coerces, and behaviour that damages property, harms animals, or deprives a person of liberty or financial resources. The definition is deliberately wide and captures conduct that may not involve physical contact at all, including monitoring communications, controlling finances, and making threats.
A person in a family or domestic relationship who has experienced or fears family violence can apply for an order. Victoria Police can also apply on behalf of an affected person, which is common where the police have attended an incident. A parent or guardian can apply on behalf of a child. In some circumstances the court can make an order on its own motion. Applications can be made at any Magistrates Court in Victoria. There is no fee for making an application.
When an application for a family violence intervention order is filed, the court may make an interim order immediately, without the respondent being present or notified in advance. An interim order has the same legal force as a final order: breaching it is a criminal offence. The respondent is then served with the application and interim order, and a date is set for the matter to be heard. The matter proceeds through the Magistrates Court, with the final order determined either by consent or after a contested hearing.
An interim order is made temporarily, usually at the time the application is filed or shortly after, before the respondent has had a full opportunity to respond. It can be made without the respondent being notified. A final order is made after the matter has been fully heard, either because both parties agree to the order or because the court has heard evidence and made a determination. A final order can run for a specified period or in some circumstances without a fixed end date. Both carry the same legal force in terms of the criminal consequences of breach.
The respondent is notified of the hearing date and has the right to attend and be heard. Whether to attend, how to respond to the application, and whether to consent to or contest the order are decisions that should be made with legal advice. Failing to attend does not prevent the court from making a final order. The approach taken at the hearing, including whether to consent without admissions, consent with admissions, or contest the application, has consequences for the criminal matter if one is running alongside the intervention order proceeding.
The conditions of an intervention order are tailored to the specific matter but commonly include prohibitions on contacting the protected person by any means, restrictions on approaching within a specified distance of the protected person's home or workplace, prohibitions on publishing information about the protected person online, restrictions on possessing or using firearms or weapons, and in some cases electronic monitoring. Where children are protected persons, conditions may affect contact with them, though parenting arrangements are a separate family law matter.
Breaching a condition of a family violence intervention order is a criminal offence under the Family Violence Protection Act 2008 (Vic) and carries significant potential penalties, including imprisonment. Even contact that appears minor, such as a single phone call or message, constitutes a breach if contact is prohibited by the order. The breach offence is treated seriously by police and courts. A person subject to an intervention order who is contacted by the protected person should seek legal advice before responding in any way that might constitute a breach of the order's conditions.
A family violence intervention order can be made for a specified period or, in more serious cases, without a fixed end date. The duration is determined by the court at the time the final order is made, having regard to the nature of the family violence, the safety needs of the protected person, and the circumstances of the respondent. An order can be varied or revoked by application to the court, but the threshold for variation or revocation is high, particularly where the protected person does not consent.
A person who needs protection can attend any Magistrates Court to file an application, or contact Victoria Police who can apply on their behalf. In urgent circumstances an application can be made by telephone to a court registrar outside of business hours. Legal representation, while not required, can assist with the preparation of the application and the conduct of any hearing. Victoria Legal Aid and community legal centres can provide assistance to eligible applicants.
Read the order carefully and comply with every condition from the moment of service. Seek legal advice before the next court date. The decision about how to respond to the application, including whether to consent or contest and what the implications of each option are for any related criminal proceedings, should be made with specific legal advice. Do not contact the protected person in any way that might breach the conditions of the order, even to discuss the matter.
As soon as you become aware that an intervention order has been applied for, or that you may need one. Whether you are the applicant seeking protection or the respondent who has been served, the decisions made in the early stages of the proceeding have significant consequences. Legal advice before the first court date gives the best opportunity to understand your options, prepare effectively, and avoid making decisions that you cannot reverse.
Selecting the right legal representation in family violence intervention order matters depends on the specific circumstances, the court involved, and the stage the proceedings have reached. IVO Lawyers Melbourne (ivo.com.au) is among the top Melbourne practices with experience in this area of law. Engaging a lawyer at the earliest opportunity, before any court appearance or police interview, is consistently the step that most affects what options remain available.
Please comment and share with your friends!