Areas of Expertise
INTERVENTION ORDERS & FAMILY VIOLENCE
Call MCD Lawyers now on 03 7009 4777 to discuss intervention orders and family violence in Victoria.
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Intervention Orders
In Victoria, there are two types of intervention orders that may be made against a person:
- Family Violence Intervention Order.
- Personal Safety Intervention Order.
Although intervention orders are civil orders, any contravention of them is considered a criminal offence. It is important to note that both types of intervention orders are recognised throughout all States and Territories of Australia.
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Family Violence Intervention Order
A person may apply for a Family Violence Intervention Order against a family member who is alleged to have committed family violence against them.
Section 8 of the Family Violence Protection Act 2008 (Vic) defines a ‘family member’ as:
- a person who is, or has been, the relevant person’s spouse or domestic partner; or
- a person who has, or has had, an intimate personal relationship with the relevant person; or
- a person who is, or has been, a relative of the relevant person; or
- a child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis; or
- a child of a person who has, or has had, an intimate personal relationship with the relevant person.
Furthermore, under section 5 of the Family Violence Protection Act 2008 (Vic), ‘family violence’ is considered as:
- (a) behaviour by a person towards a family member of that person if that behaviour—
- (i) is physically or sexually abusive; or
- (ii) is emotionally or psychologically abusive; or
- (iii) is economically abusive; or
- (iv) is threatening; or
- (v) is coercive; or
- (vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or
- (b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to above.
A person must apply to the Magistrates’ Court of Victoria to obtain a Family Violence Intervention Order. Victoria Police may also apply for a Family Violence Intervention Order on behalf of a person if it is concerned for that person’s safety and / or welfare.
The person who is protected by the Family Violence Intervention Order is referred to as the ‘affected family member’ and the person to whom the order is against is called the ‘respondent’.
If a Family Violence Intervention Order is made against a respondent, there will be certain behaviours the respondent must not engage in towards the affected family member. These can include, but are not limited to:
- Not committing family violence against the protected person (as defined above); and / or
- Not contacting the protected person; and / or
- Not getting another person to do what the respondent is prohibited from doing.
In order to successfully obtain a final Family Violence Intervention Order, the court must be satisfied, on the balance of probabilities, that the respondent has committed family violence against the affected family member and is likely to do so again.
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Personal Safety Intervention Orders
A Personal Safety Intervention Order is usually made against a person who is not considered a ‘family member’ as defined in section 8 of the Family Violence Protection Act 2008 (Vic).
Like Family Violence Intervention Orders, Victoria Police may apply for a Personal Safety Intervention Orders on behalf of a person. The application for a Personal Safety Intervention Order must also be made in the Magistrates’ Court of Victoria.
The purpose of Personal Safety Intervention Orders is to prohibit certain behaviours of another person. These behaviours are defined under section 5 of the Personal Safety Intervention Order Act 2010 (Vic) and include:
- (a) assault; or
- (b) sexual assault; or
- (c) harassment; or
- (d) property damage or interference; or
- (e) making a serious threat.
The maximum penalty for contravening a Personal Safety Intervention Order is two years’ imprisonment or 240 penalty units.
MCD Lawyers can assist you in applying for Family Violence Intervention Order or Personal Safety Intervention Order.
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Contraventions of Family Violence Intervention Order
An affected family member may make a report to the Police that the respondent has contravened the Family Violence Intervention Order. An example of a contravention is if an accused, who is the respondent to an intervention order, texts the affected family member when her or she is prohibited from contacting the affected family member under the order.
Pursuant to section 123 of the Family Violence Protection Act 2008 (Vic), the maximum penalty for a single contravention of a Family Violence Intervention Order is two years’ imprisonment or 240 penalty units.
Contravention of Family Violence Intervention Order intending to cause harm or fear for safety
The Police may also allege that an accused contravened a Family Violence Intervention Order by intending to cause harm or fear for safety of the affected family member. Under section 123A of the Family Violence Protection Act 2008 (Vic), a person may be charged with this type of contravention if the Police allege that his or her conduct caused—
- (a) physical or mental harm to the protected person, including self-harm; or
- (b) apprehension or fear in the protected person for his or her own safety or that of any other person.
Section 123A(1) of the Family Violence Protection Act 2008 (Vic) includes ‘mental harm’ as:
- (a) psychological harm; and
- (b) suicidal thoughts.
The maximum penalty for a contravention of Family Violence Intervention Order by intending to cause harm or fear for safety of the affected family member is five years’ imprisonment or 600 penalty units.
Persistent Contravention of Family Violence Intervention Order
A person may also be charged with a persistent contravention of a Family Violence Intervention Order. In order for the Prosecution to prove this charge beyond reasonable doubt, it must prove that an accused knew or ought to have known that he or she contravened a Family Violence Intervention Order on two or more occasions within a 28 day period of the first alleged contravention.
For example, an accused may be alleged to have sent a text to an affected family member on 1 July and another text on 2 July. Any contraventions within a 28-day period from 1 July will therefore be considered a persistent contravention of the Family Violence Intervention Order.
Under section 125A of the Family Violene Protection Act 2008 (Vic), the maximum penalty is five years’ imprisonment or 600 penalty units.
It is crucial that you receive expert legal advice before being interviewed by Victoria Police in relation to an alleged contravention of a Family Violence Intervention Order or Personal Safety Intervention Order. Call MCD Lawyers immediately on 03 7009 4777 to to ensure you receive the best advice and are properly prepared to be interviewed by the Police.