Please be ready with your application reference number starting with 'P'. For example P1234567
Under the Family Violence Protection Act of 2008, the court can impose Intervention orders to an accused person where the accuser fears for their life. The Intervention orders protect a person who has a reasonable cause to fear for their lives or rights, especially from another person.
The intervention orders contain specific conditions that the accused person must satisfy (if they are found guilty of the charge). However, a person cannot be convicted with an intervention order.
The intervention order is a nationwide matter across Australia albeit with different names. In Victoria, there are a lot of names of the intervention order including;
The law courts in Victoria refer to intervention orders as either (1) or (2) above.
Anyone can apply to the Magistrate in Victoria for an intervention order, depending on the charge and the degree of apprehension. However, it is easier if a person apply with their lawyer or with a Police official or involvements
If the Magistrate finds an urgent and reasonable source of apprehension for the applicant against another party, it will impose an intervention order.
If there is an urgent need for protection or a source of danger, the court can impose an interim order. These orders remain valid till the court can make a final order on the matter.
Yet, where the applicant thinks the threat is imminent, they can apply for an interim order against the other party.
Under the Family Violence Protection Act of 2008, the Police may apply for an intervention order against an aggressive party. However, there must be evidence that a person needs protection before applying for an intervention order on their behalf.
The Police may even apply for an intervention order without the (accuser's) consent if they believe it is appropriate for the person.
Especially in cases where the candidate is a minor, their guardian/parents can make the Intervention Order application on their behalf.
Intervention orders help the applicant to continue their life without fear of the “accused”. The accused person gets;
If you have suffered/suffer any of them from a person, you can apply to the court for an intervention order;
Depending on the relationship between the parties, the court will order either a (PSIO) or an (FVIO).
The Family Violence Intervention Order (FVIO) refers to all domestic violence and related situations where the parties have some form of relationship. Some examples of cases where the court may order an FVIO include;
The court will impose such orders on the offending party with little to no relationship with the other party. Such involves cases between neighbours, workers or other individuals.
The Intervention order is neither a conviction nor a finding of guilt. It contains conditions the accused party must adhere to.
However, contravening or refusing the orders of an Intervention order may result in a conviction and prosecution of the offence. These convictions usually come with penalties involving fines and imprisonment terms. A contravention of an international order in Victoria will in most circumstances show up on a national police check Victoria.
If you do not understand or are incapable of completing the conditions of an intervention order, discuss it with the Parole or Community officer.
While an intervention Order is not an offence or punishment, breaching a condition or all of them is a serious offence.
For a general contravention of the Intervention Order, the prosecution must prove that;
Offences of general contravention to an intervention order in Victoria carries maximum penalties of;
Some example of these offences is;
If the court finds you of a breach under the following sections, it will order penalties reaching;
A breach of a section is in most circumstances recorded as a criminal offence in Victoria (VIC) and shows up on an individual's criminal record in accordance with the Spent Convictions Scheme in Victoria (VIC).
You must contact an experienced lawyer and appear for the hearing on the date agreed. Your fate is decided by deep knowledge and interpretation of the law.
Also, the court will consider lots of circumstances and actions between the party before imposing an order.
You may apply to the court through your lawyers to extend the time before you defend in court. It can help your counsel prepare a better defense.
The Magistrate will only make a final order when it is satisfied with all evidence and arguments. The magistrate will also make a final order when;
If you miss your hearing without a "permitted" excuse, you risk getting imposed with stricter conditions in the orders.
Family Violence Protection Act 2008 (VIC) - https://www.legislation.vic.gov.au/in-force/acts/family-violence-protection-act-2008/053
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