IVO Case Study: Breach of FVIVO

Intervention Order Law:

An Intervention Order is a court order, which yourself or the police could apply for, to protect you from anyone who is violent or makes you feel unsafe. Intervention Orders come with conditions about what the person (Respondent) can and cannot do.

Background:

This matter involved an alleged breach of a Family Violence Intervention Order (‘IVO’).

A Final IVO had been ordered between the Accused (the Respondent) and his former partner (the Protected Person). The IVO had full conditions including to not:

• Commit family violence against the affected person;
• Intentionally damage property;
• Attempt to locate the protected person;
• Publish on the internet any electronic communication relating to the protected person; and
• Approach or remain within a certain number of metres from the protected person, their home, or any place they are present at

It also included that the Respondent to the IVO may communicate with the Protected Person via a lawyer or mediator.

Our client, the Respondent to the IVO, had sent a text message to the Protected Person. Based on the context of the message; the past struggles of the Respondent’s mental health and that the Protected Person had not heard from the Respondent in a while, the Protected Person was concerned for the Respondent’s mental health and safety. The Protected Person thus contacted the police. The police visited the Protected Person and obtained a photo of her phone, containing the message, and a statement. The accused also took part in a police interview where he admitted he sent the message but believed the IVO conditions allowed him the parameters to do so.

Legal Process:

If a respondent breaks the conditions of an IVO, the police can charge them with a criminal offence. The accused was thus charged with a breach of the IVO. Aston Legal Group, as representation for the accused, requested, to the prosecution, that the charge of the contravention of an IVO be withdrawn as from the final IVO conditions there was no prohibition, on the Respondent, from contacting the Protected Person. Whilst there is a condition that the respondent may contact the Protected Person via a lawyer or mediator, there is no prohibition on direct contact, thus no breach of the IVO.

Outcome:

The charges for contravention of an intervention order were withdrawn by Victoria Police.