Family Violence Intervention Order (FVIO) and Personal Safety Intervention Order (PSIO)
An intervention order is an order made by the court that prohibits the respondent from certain behaviour, such as domestic violence, contact, damaging property, harassment, stalking, intimidation, emotional or economic abuse, violence or the threat of violence. The purpose of an intervention order is to provide protection from this behaviour in the future – it usually states that a person cannot behave as such or go within a certain distance of the home or workplace of the person making the application. It is not a criminal matter and will only involve criminal proceedings if it is alleged that you have breach the intervention order.
The Court can make an intervention order if a respondent consents to an order being made, or if evidence is heard proving that a person in need of protection from the Respondent. The magistrate also has to be satisfied that there are reasonable grounds for these fears in order to make the order.
There are 2 types of Intervention Orders:
- Family Violence Intervention Orders (FVIO) – taken against a family member including spouses, ex-spouses and intimate partners (including de facto relationships), children, parents, siblings and
- Personal Safety Intervention Orders (PSIO) – for protection from someone other than family members
What happens if someone tries to make an application against you?
You can object to an Intervention Order being made against you and have the matter adjourned for hearing at a later date. Under these circumstances, an interim order may be made until the trial date.
If you need to make an application for Order, or if somebody has made an application against you, it is recommended to seek legal advice from an experienced solicitor immediately.
David Luscombe and Associates is a member of the Victoria Legal Aid Panel and if eligible, will be able to assist you with obtaining a grant of legal aid.
Contact us to find out more or to arrange a consultation with an experienced intervention lawyer.