What is an Intervention Order?

Receiving an Intervention Order application can be stressful and confusing, particularly if you have never been involved in the court system before. Many people assume that an Intervention Order means they have been found guilty of a criminal offence or that they will automatically receive a criminal record.

In most cases, that is not true.

An Intervention Order is a civil court order designed to protect a person from certain behaviour. Although an Intervention Order is not a criminal charge, breaching an Intervention Order is a criminal offence that can carry significant penalties, including imprisonment.

If you have been served with an Intervention Order application, it is important to understand what it means, what the court can do, and what your options are.

What is an Intervention Order?

An Intervention Order is an order made by the Magistrates’ Court that places conditions on a person’s behaviour to protect another person from future harm.

The court can prohibit a wide range of conduct, including:

• Committing family violence.

• Assaulting or threatening another person.

• Harassing or intimidating someone.

• Damaging property.

• Contacting a protected person.

• Approaching a protected person’s home, workplace or school.

• Publishing material about a protected person online.

• Encouraging another person to engage in prohibited conduct.

Every Intervention Order is different. The conditions are tailored to the circumstances of each case.

What are the two types of Intervention Orders?

There are two main types of Intervention Orders in Victoria.

Family Violence Intervention Orders (FVIOs)

A Family Violence Intervention Order protects a person from family violence committed by a family member.

“Family member” is defined broadly and includes:

• Current or former partners.

• Husbands and wives.

• De facto partners.

• Parents and children.

• Siblings.

• Grandparents and grandchildren.

• Other relatives.

• People who are regarded as family according to cultural or Aboriginal traditions.

Family violence is also defined broadly. It includes not only physical violence but also behaviour such as emotional abuse, financial abuse, coercive control, damage to property, threatening behaviour and, in some circumstances, technology-facilitated abuse.

Personal Safety Intervention Orders (PSIOs)

A Personal Safety Intervention Order protects a person from someone who is not a family member.

These applications commonly arise from disputes involving:

• Neighbours.

• Friends or former friends.

• Work colleagues.

• Acquaintances.

• Customers or clients.

• Strangers.

Personal Safety Intervention Orders often involve allegations of stalking, harassment, threats, assault or persistent unwanted contact.

Who can apply for an Intervention Order?

An application may be made by:

• Victoria Police on behalf of the affected person.

• The affected person themselves.

• In some circumstances, another person acting on their behalf.

Police frequently apply for Family Violence Intervention Orders following domestic incidents, even if the affected family member does not wish to proceed.

What happens after an application is made?

If an application is filed, the court will list the matter for a hearing.

In some cases, the Magistrate may make an interim Intervention Order before the final hearing.

An interim order is a temporary order that remains in place until the matter is finalised or further order of the court.

You must comply with an interim order even if you disagree with the allegations.

Does an Intervention Order mean I’m guilty?

No.

An Intervention Order is not a criminal conviction.

The court is not deciding whether you committed a criminal offence. Instead, it is deciding whether an Intervention Order is necessary to protect another person.

Many people consent to an Intervention Order without admitting the allegations, while others choose to contest the application.

If you are unsure about the best approach, you should obtain legal advice before making any decision.

What happens if I agree to the order?

In some cases, you may decide to consent to an Intervention Order.

Often this can be done without admitting the allegations.

Consenting to an order may avoid the time, cost and stress of a contested hearing. However, you will still be legally required to comply with every condition of the order.

Before agreeing to an Intervention Order, you should understand exactly what restrictions will apply and how they may affect your work, family life and future.

What if I want to oppose the application?

If you deny the allegations or believe an Intervention Order is unnecessary, you have the right to contest the application.

The matter will usually proceed through several court dates before a contested hearing.

At the contested hearing:

• The applicant gives evidence.

• Witnesses may be called.

• Your lawyer can cross-examine witnesses.

• You may give evidence if appropriate.

• The Magistrate decides whether to make the Intervention Order.

Simply because an application has been made does not mean it will automatically be granted.

What happens if I breach an Intervention Order?

Breaching an Intervention Order is a criminal offence.

Examples of breaches may include:

• Contacting the protected person when prohibited.

• Attending their home or workplace.

• Sending text messages or emails.

• Contacting them through social media.

• Asking another person to contact them on your behalf.

• Publishing material about them online.

Even if the protected person contacts you first or tells you they are happy to communicate, the conditions of the order still apply unless the order is changed by the court.

A breach can result in criminal charges, a criminal record, fines and, in serious cases, imprisonment.

Can an Intervention Order affect other parts of my life?

Yes.

Depending on your circumstances, an Intervention Order may affect:

• Parenting arrangements.

• Firearms licences.

• Security licences.

• Employment in certain industries.

• Professional registrations.

• Working With Children Checks.

• Immigration or visa matters in some cases.

For that reason, it is important to understand the potential consequences before agreeing to an order.

Do I need a lawyer?

You are not legally required to have a lawyer.

However, Intervention Order proceedings can have significant consequences, particularly if there are related criminal charges or family law proceedings.

A lawyer can:

• Explain the allegations.

• Advise whether the application should be contested.

• Negotiate changes to proposed conditions.

• Appear in court on your behalf where appropriate.

• Cross-examine witnesses.

• Present your case to the Magistrate.

Obtaining legal advice early often places you in a much stronger position.

Frequently Asked Questions

Is an Intervention Order a criminal charge?

No. An Intervention Order is a civil order. However, breaching an Intervention Order is a criminal offence.

Can I agree to an Intervention Order without admitting the allegations?

Yes. Many Intervention Orders are resolved by consent without any admissions. Before agreeing, you should understand the conditions and obtain legal advice.

Will I have a criminal record?

An Intervention Order itself does not create a criminal record. However, if you are convicted of breaching an Intervention Order, that is a criminal offence and may result in a criminal record.

Can the order be changed?

Yes. In some circumstances, an Intervention Order can be varied, extended or revoked by the court.

Get advice before making a decision

Whether you are the applicant or the respondent, an Intervention Order can have significant consequences for your personal life, employment and future.

At Wilkinson Lawyers, we regularly act for both applicants and respondents in Family Violence Intervention Orders and Personal Safety Intervention Orders throughout Victoria. We can explain the court process, advise you about your options and represent you at every stage of the proceedings, whether you wish to consent to the order or contest the allegations.

If you have been served with an Intervention Order at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in intervention order matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.