BALLARAT INTERVENTION ORDERS

What is a Family Violence Intervention Order?

A Family Violence Intervention Order is a court order designed to protect someone from family violence. In other jurisdictions, they are sometimes referred to as “restraining orders” or “AVO’s – Apprehended Violence Orders”. In Victoria, they are called Intervention Orders.

Intervention Orders are are designed to protect people from violence and also aimed at safeguarding children and property from harm.

If you are a party to a Ballarat Intervention Order, contact Wilkinson Lawyers now for complimentary advice.

What is Family Violence?

Family violence occurs when a person makes their family member feel unsafe. Family Violence can occur one a single occasion or can be repeated behaviour which escalates over time.

Sometimes, family violence is also referred to as domestic violence. In the Victoria, courts refer to this conduct as “Family Violence”. Family violence can include:

• Physical Abuse: Includes hitting, pushing, kicking, strangling or any other form of physical harm.
• Emotional or Psychological Abuse: This might involve derogatory or demeaning behaviour such as name calling, putting someone down, or isolating a person from their friends and family.
• Sexual Abuse: Forcing someone into sexual activity or acts against their will.
• Damage to property: Causing damage or threatening to cause damage to property. This includes jointly owned property. Eg: punching holes in wall, breaking furniture or threatening to injure a pet
• Financial or Economic Abuse: Controlling someone’s finances, such as not allowing them access to a bank account, cancelling utility accounts (gas, phone or electricity) or not permitting them to work.
• Controlling Behaviour: This can include using technology to monitor a person’s movements, logging in and checking someone’s private email or phone and not permitting a person to see family or friends.
• Coercive Behaviour: Includes intimidation, threats, or forcing someone to do something against their will.

Children are particularly affected by family violence and the law acts protectively whenever a child is witness to family violence.

Who Counts as a Family Member?

Under the Family Violence Protection Act, a “family member” is specifically defined under s8 and s10:

• Individuals in an intimate personal relationship, whether or not it was sexual—such as married partners, de facto couples, or people who were dating.
• Parents and children, including step-children.
• Relatives by birth, marriage, or adoption.
• Individuals treated like family members, such as carers or guardians, or those related by cultural family structures.

The law also covers individuals who were previously family members, like ex-partners.

What does it mean to be an Applicant or Respondent?

 The parties in the case are referred to the Applicant, Respondent and Affected Family Member (AFM):

• Applicant: The person applying for the order, which could be a police officer or the person seeking protection.
• Affected Family Member: The person the order aims to protect at the time of application, and called the ‘protected person’ once the order is granted.
• Respondent: The individual accused of committing family violence.

How do you apply for an Intervention Order?

A person who wants to apply for an Intervention Order, should contact their local police station. They police may investigate the matter and decide to apply on your behalf. If that is the case, then the police will be the “Applicants” and you will be the Affected Family Member (“AFM/Protected Person”)

If you wish to make your own application, you can file an online application at your local Magistrates Court here.

When you file your application, you must swear that it is true and correct. It is very important that when filing your application, you provide details of what has occurred including: dates and times (where possible), specific language used (even swear words and offensive language) and detail the type of abuse that you have incurred.

Detail the most recent allegation first (the reason you are making the order) and then include any other incidents of family violence in chronological order, even if the events occurred some years ago.

Types of Orders:

1. Family Violence Safety Notice: This is a short-term order issued by the police. Once served, the Respondent must comply with the conditions until the matter is listed at court (usually within 1 week).
2. Interim Order: A temporary order issued if immediate protection is necessary. The order remains pending until the case reaches a Contested Hearing and a Magistrate decides whether a final order should be issued. The respondent must comply with the conditions of the interim order whilst the matter is pending, or risk being charged with a criminal offence of breaching an interim order.
3. Final Order: If the Respondent consents to the making of a final order or, after hearing evidence, a Magistrate believes the respondent has committed family violence and is likely to do so again. This order remains in effect until the end date specified by the Magistrate. These orders are routinely placed for 1-2 years, or longer if there are very serious allegations of repeated family violence.

An intervention order is a civil order. It is not a criminal matter, therefore a person who consents to an intervention order will not have a criminal record.

Conditions of the Intervention Order

Conditions are specific rules that the respondent must follow. These vary depending on the situation and the safety needs of the affected family member. Examples of conditions might include:

• Prohibiting the use of family violence.
• Preventing the respondent from living with the protected person.
• Banning any contact or communication with the protected person.
• Restricting access to certain locations.
• Preventing the respondent from damaging property
• Preventing the respondent from keeping the protected person under surveillance
• Preventing the respondent from publishing anything about the protected person online.

What happens if an Intervention Order is Breached?

Breaching a condition of an intervention order is a serious offense and can result in criminal charges. Single, minor breaches of an intervention order can result in fines or a good behaviour bond. Single, but serious breaches of an intervention order, such as an assault, can result in fines, a Community Corrections Order or jail. Repeated breaches of Intervention Orders can also result in jail.

What happens if you don’t agree with an Intervention Order?

Sometimes, the police can apply for an Intervention Order to protect you, but you do not believe that you are in need of protection.

It is important to note that an interim order can be granted to protect you and can exclude a family member from your home or from having contact with you, even if you do not want an order or those conditions.

It is therefore important to appear at every hearing and make yourself heard by the Magistrate and put your views across. You are a party to the proceeding, and you have a right to be heard.

Importantly, the police cannot finalise an Intervention Order with anything more than a “safe contact” order, if you are not supportive.

The Family Violence Protection Act says:

“…if the affected family member does not consent to the making of the final order, the final order may include only conditions referred to in section 81(2)(a), (f), (g) or (h).” These conditions are:

• (f) Not commit family violence
• (g) Not to damage property
• (h) Not to get another person to engage in that behaviour above.

Therefore, even if the police tell you that you are worried about your safety, unless you agree to a final order that prevents contact, they cannot get an order with those conditions on a final basis.