Family Violence Intervention Orders (FVIO) & Personal Safety Intervention Orders (PSIO)
There are two types of Intervention Orders:
- Family Violence Intervention Orders (FVIO) – taken out against a family member, spouse or partner (including de facto and same-sex relationships) or ex-spouse; and
- Personal Safety Intervention Orders (PSIO) – for protection from someone other than family members
An intervention order is an order made by the Court. It prohibits the Respondent from certain behaviour, such as committing family violence, harassment, stalking, intimidation, violence or threats of violence. Some orders will go so far as preventing any communication or excluding a person from the family home. The purpose of an intervention order is to provide protection from family violence or prohibited behaviour in the future. A Court may make an Intervention Order if satisfied on the balance of probabilities that either family violence, stalking or prohibited behaviour has occurred and that in the absence of an intervention order, is likely to continue or happen again. We recommend that you seek legal advice immediately if you are party to an intervention order.
What happens if you have suffered family violence at the hand of your partner?
Family violence is a major problem within the Victorian community that extends well beyond physical assault. One way of seeking assistance to ensure that your safety is protected is to obtain an intervention order. You can either report your concerns to Victoria Police and ask them to seek an intervention order on your behalf, or should you want personal representation to assist with this process, the law allows an Applicant for an intervention order to be legally represented.
What happens if someone applies for an Intervention Order against you?
You do not have to consent to the making of an intervention order, or if you do consent you do not have to admit to the allegations that are made against you. You can challenge both the making of an intervention order or the conditions sought by the other party. It is important to obtain legal advice if you have been served with an intervention order.
In certain cases, it may be appropriate to mediate or negotiate with the other side to get the best result. This is often achieved through legal representation or alternatively, through the use of a mediation service. We provide representation to negotiate intervention order matters and can appear at mediation if this method of dispute resolution is appropriate.
Parenting plans and written agreements
Children are often at the heart of intervention order matters. Intervention orders may have specific conditions that allow for a written agreement, child protection order or Family Law Act order to be an exception to the other conditions. This means that if you have a current parenting plan, you can still see your children even if there is an intervention order in place. This area of the law can be quite complex and if not understood properly, could result in criminal prosecution. You should seek legal advice before attempting to draft a written agreement.