AVO (Apprehended Violence Order) Intervention Order Lawyers
Rowan Skinner and Associates Lawyers regularly act on behalf of clients both as applicants and respondents in cases relating to intervention order breaches and intervention order applications.
Why Choose Us?
- Rowan Skinner has years of hands on experience with intervention order law proceedings
- We are proactive and act in your best interests
- Because we can help get you the best outcome
How Do Intervention Orders Work?
An intervention order can also be known by many other different names, such as an Apprehended Violence Orders or AVO’s, a Restraining Orders, Personal Safety Intervention Orders, Family Violence Intervention Orders and also as Intervention Violence Orders or IVO.
Whatever term is used all of these terms refer to Court orders that basically have the same effect – they preclude one person from performing or engaging in specific activities usually towards another person or persons.
How Do I Get An Intervention Order?
In Order to get an intervention order, you, the applicant, must attend a local Magistrates Court and make your application in person, usually with the help of an intervention order application lawyer. For an applicant to become protected by an intervention order immediately, you must apply to the court for what is known as an interim intervention order. This application must satisfy the Magistrate that it is worthy to be put in place to:
- protect the immediate safety of a family member
- provide protection for the property of a family member; or
- provide safety to a child who has been involved in a family violence matter
If there has been prior police involvement, it will make it much easier to obtain an interim intervention order.
In a case where the police have attended a property and decided to take out a Family Safety Notice this will mean the reverse applies. The court then must be satisfied there are not any circumstances that would justify the imposition of an interim order against the respondent (the person that is responding to your application).
When put into practice, it is usually very difficult for the respondent to be able to satisfy a court when it comes to the above requirement. Again, advice from an experienced intervention order solicitor in Melbourne who has experience handling intervention order applications, will be important to help provide you with a successful outcome.
What constitutes ‘Family Violence’?
Family or domestic violence is defined in the Family Violence Protection Act as ‘behaviour towards a family member that is physically, sexually, psychologically, emotionally or economically abusive and causes that family member to feel fear for their safety or fear for the safety of another family member.’
You can use the above definition as an indication, however to know exactly whether family violence has occurred you should always seek advice from a solicitor who has experience in this area of the law.
See here for a direct reference to the legislation regarding family violence.
Why are my children on the intervention order?
The offending behaviour does not need to be directly focused on a particular family member for them to become an aggrieved family member on an order. e.g. a child can simply witness offending behaviour towards another and be considered to require protection.
In fact, a child or an affected family member can just provide assistance to a family member who has been the recipient of family violence or assist cleaning up after a family member has intentionally damaged another family members property have a protection order imposed.
The nature of the offending conduct does not have to be as serious as it would need to be in order to support a criminal prosecution, but it must fit into one of the above categories (i.e. pose a threat to a family member’s safety, property or children) in order for there to be any basis for an application for an intervention order.
Purpose and abuse of intervention orders
The purpose of the legislation is to protect those who cannot protect themselves by way of an intervention or family violence order.
The person named in the order is prevented from approaching or stalking the aggrieved person, or from committing family violence against the aggrieved person. The orders give police the power to immediately arrest someone who does not comply with the above conditions.
Unfortunately it would seem that in many cases domestic violence orders and personal safety intervention orders are not being used in the spirit envisaged by the legislators.
While these intervention orders are commonly used to protect men and women who have been the victims of persistent and relentless domestic violence, in some cases people apply for these orders to fast-track a citizenship application or they are used to secure property rights.
Things to think about before you consent to an intervention order
Section 68R(1) of the Family Law Act(Cth) 1975 prescribes that Magistrate Courts have the power to suspend or reinstate a parenting order to the extent that it requires or authorises a person to spend time with a child.
Section 68P allows the Family Court or Federal Magistrates’ Court to make an order or further order which is inconsistent with a family violence order, i.e. it can rescind the order to the extent necessary to rectify any inconsistency. The problem with this is that interim family violence orders can be implemented much faster than a family court order, which can take several weeks.
Under section 60CC(3)(k) of the Family Law Act a final finding of fact or a finding by consent made at an intervention order hearing allows relevant inferences to be drawn in determining what is in the best interests of the child who is the subject of a custody battle. This makes it advantageous for the other party to seek an intervention order prior to settling family court proceedings.
Section 82 of the Family Violence Protection Act states that parties can have other parties excluded from the matrimonial home. If an interim order is granted then this could remain the status quo for 6 – 12 months until a final finding of fact is made in relation to the order.
Read the following articles to see how these orders are being abused.
If you think that a respondent is using an intervention order application to obtain an order unfairly then you should contact Rowan Skinner & Associates Lawyers to assess the merits of your case.
We know that people are abusing these orders and although they are civil in nature, they can have serious repercussions down the track. Allowing a person to obtain an order against you when they shouldn’t opens you up to criminal prosecution.
You should consider that if someone is prepared to lie under oath either in open court or by way of affidavit then you should expect that they will later be prepared to lie to police to have charges laid against you for breaching an intervention order.
Sometimes it is better to spend money fighting one unjust order rather than spend thousands and thousands of dollars later fighting a number of different false claims in relation to intervention order breaches.
Our advice is that no respondent should ever take these orders lightly. Although it is easy to simply not turn up to court, it could be a mistake to do so.
Criminal solicitors with experience
We handle hundreds of intervention order and domestic violence cases each year, acting for both the applicant and the respondent. Our lawyers in Melbourne have years of experience representing clients in relation to intervention order applications.
We routinely act for people who have breached intervention orders and are facing police charges. We also act for people who have orders and cannot get police to charge the other party for breaching them.
If your matter relates to family violence or stalking we can help you. If you have been served with papers to attend Court or you would like to initiate an intervention order application call our office and allow one of our domestic violence lawyers to assist you today.
If you ignore a Court date and an order is put in place in your absence, it is very difficult to reverse the decision. Further, you can then potentially be susceptible to abuse by the other party in relation to breaching the order.
So many clients would have been far better off defending the original intervention order rather than the multitude of criminal charges that occurred as a result of the alleged breaches of the order.
If you need advice on how to get an intervention order in Melbourne, contact Rowan Skinner aand Associates Lawyers today. Call (03) 9995 9155.
What our clients are saying about our family law service
I regularly refer my clients to Rowan Skinner and Asc when they need representation. My clients have consistently had excellent advice and successful outcomes through Rowan’s representation at Court and when negotiating settlements. These proven results in combination with Rowan’s personal ability to engage with a diverse range of people, ensures that I will continue to refer my clients who need a family lawyer in Melbourne.
Rowan represented me in the Magistrates Court and the County Court in relation to very serious charges. Rowan was thorough, professional and diligent in his preparation and responded appropriately to my needs. I was acquitted of all charges.
I run a commercial law practice and frequently refer clients to Rowan for assistance and advice with family law. Rowan is a family law specialist: this means he is independently verified as having required skills and clients can have confidence in his ability and ethical standards.
I have a Mortgage Broking business with a large number of clients who having varying needs. I have referred many clients who want an excellent Family Law Specialist to look after them during what are difficult times. I have even referred family members to Rowan as I know he will look after them compassionately and professionally. I have no hesitation in recommending him and his services.