Intervention Orders

‘Family violence’ is not limited to physical or sexual abuse. Emotional abuse of any kind, as well as threatening, controlling, or coercive behaviour are all forms of family violence. Family violence also includes any behaviour by a person that causes a child to hear or witness or otherwise be exposed to the effects of family violence. Not all Intervention Orders are taken out due to family violence, but with family violence affecting one in five Victorian women, a large proportion of Intervention Orders are the result of family violence. Victims of family violence should be reassured that they do not have to continue being victim to family violence and that there are a number of support services who can assist.

If you are served with an Intervention Order, it is critical that you do not contact the Protected Person listed on the application without first obtaining legal advice. When you are served with an Intervention Order, usually a member of the Victoria Police will explain the conditions of the order to you. However, the Police are often very busy and only have limited time to explain the order to you. Additionally, most people are surprised to be served with an Intervention Order, and may not fully understand the conditions of the order the first time they see it. We strongly advise that you immediately make an appointment to speak with a lawyer to understand the conditions of the order. Sometimes, the conditions are quite simple. Usually, however, there are several conditions, exceptions, and sometimes other orders already in place that make understanding the order very difficult. For example, the Intervention Order can sometimes suspend Family Court orders. Every Intervention Order is unique, and the Court can include specific clauses depending on the circumstances. You should consider obtaining legal advice as soon as possible; our lawyers are on call to speak to you about your Intervention Order matter. 

Recently, the general Intervention Order conditions in Victoria have changed. The new changes are aimed to make Intervention Orders easier to understand for both Applicants and Respondents. The Court can choose some or all of the conditions below, and can also include specific conditions sought by the applicant depending on the circumstances:

• All Intervention Orders include a condition not to commit family violence;
• That the Respondent does not get others to do what the Order does not let them do themselves;
• That the Respondent has no contact or limited contact with the Protected Persons;
• That the Respondent does not stalk the Protected Persons;
• That the Respondent abide by certain conditions regarding arrangements and time spent with their children; and
• That the Respondent hand in any firearms or weapons.

This is not an exhaustive list, however, it provides a brief overview as to some of the conditions imposed by an Intervention Order.