It is noticeable that most of the violence that occurs in Australia actually occurs within a family unit or by family members.
But it is a relief to know that family law in Australia has been designed to protect the victims from family violence. The laws act fast and can affect the rights of anyone who has a family violence complaint made against them. As a family lawyer in Dandenong, I am there for you to help.
Intervention Orders
I will be supporting you (or your children) during the court process to achieve freedom from the crisis you have been suffering.
At Taft Law Firm, I will support you to overcome your crisis and lead you to freedom from family violence. My team have plenty of experience in these matters and will fight to achieve protection for you.
General information about domestic violence in Australia
- About Family Violence in Australia
- How I can Help You
- What Is Intervention Order?
- What Are Types of Intervention Orders?
- What to Do in Case of Domestic Violence?
- Applying for Intervention Order
- Process of Getting Intervention Order
- Conditions of Intervention Order
- Breaching of Intervention Order
- Domestic Violence in Victoria
- Am I Eligible for Legal Assistance?
- Important Considerations regarding Domestic Violence
About Family Violence in Australia
Fortunately, Victorian laws give “Family Violence” a wide definition which are designed to protect victims from all forms of violence including harassment, controlling behaviour, intimidation or behaviour which would expose a child to the same.
Family Violence is an unfortunate reality in Australia. Regrettably, most victims are silent towards the violence against them because they have suffered, are vulnerable and don’t think what is happening to them is actually considered to be Family Violence.
Other times the victims are too scared to do anything about it or are scared for their children.
The other unfortunate reality is that some complaints (though not many) are misleading, false or twist the truth. In other words, some complaints are misused for other purposes.
Family Violence in Australia is unacceptable, so such bad faith applications undermine the real victims who experience family violence Australia.
Nevertheless a complaint will affect your day-to-day rights, especially if you have children and if they are listed as victims on the complaint against you. Sometimes, as a Respondent you may be excluded from your own home after you have been served.
If you are a Respondent to a Family Violence application or Family Violence Safety Notice you need to consider and explore your rights in order to avoid police action against you.
How I can help you
I will assist you at court to ensure your rights/liabilities in Family Law (children and property) and Criminal law are also carefully considered. More importantly, as. family lawyer, I will listen to your version of events and ensure, when necessary, the court is made aware of them.
What Is Intervention Order?
In Dandenong as well as Melbourne, intervention orders are legal protections designed to prevent family violence, personal violence, and harassment. Here are the key aspects of intervention orders:
Types of Intervention Orders
Family Violence Intervention Orders (FVIO)
Issued to protect individuals from family violence, which includes physical, emotional, psychological, and financial abuse by a family member.
Personal Safety Intervention Orders (PSIO)
Issued to protect individuals from stalking, serious threats, harassment, or assault by someone who is not a family member.
What to Do When Exposed to Domestic Violence?
- If you (or your children) are in immediate danger you should call the Police emergency number ‘000’ and let them know you are in danger of family violence. They will send family violence crisis unit to assist you.
- If you are not in immediate danger but you (or your children) have been experiencing family violence you can go to the closest Magistrates Court and make an application for a Family Violence Intervention Order. Approach the court co-ordinator and the court staff will assist you with the process. Contact our office to assist you with the court process.
- If you are looking for legal assistance, you can refer to me as a family lawyer in Dandenong.
Applying for an Intervention Order
Who Can Apply
In person
The person experiencing violence (the affected person).
On behalf
Someone acting on behalf of the affected person (e.g., a police officer, a guardian, or a parent).
14 years old
A child over the age of 14 can apply for an intervention order in their own right.
Where to Apply
Applications can be made at a Magistrates’ Court of Victoria. In urgent situations, the police can apply for an interim order on behalf of the affected person.
Process of Getting an Intervention Order
1. Application
The affected person or the police (on behalf of the person) submits an application to the Magistrates’ Court.
2. Interim Orders:
An interim order can be made quickly if there is an immediate risk of harm. This order provides temporary protection until a final decision is made.
3. Hearing:
A court hearing is scheduled where both parties can present their case. If the respondent (the person the order is against) does not attend, the court may still make a decision in their absence.
4. Final Order:
If the court is satisfied that the affected person needs protection, a final intervention order is issued. This order can include conditions that the respondent must follow, such as not contacting or approaching the affected person.
Conditions of an Intervention Order
For an Intervention Order, the following conditions should be met:
- No contact or limited contact with the affected person.
- Staying away from the affected person’s home, workplace, or school.
- Surrendering firearms or weapons.
- Not damaging the affected person’s property.
Breach of an Intervention Order
Breaching an intervention order is a criminal offense and can result in arrest and criminal charges. Penalties can include fines, imprisonment, or both.
Domestic Violence in Victoria
In Victoria, domestic violence is addressed under the Family Violence Protection Act 2008, which provides legal protections for individuals experiencing family violence. This legislation defines family violence broadly, covering physical, emotional, psychological, and financial abuse. Victims can apply for a Family Violence Intervention Order (FVIO), which is a court order designed to protect individuals by restricting the behavior of the perpetrator. Breaching an FVIO is a criminal offense, and police can arrest and charge individuals who violate its terms. Additionally, Victorian law treats domestic violence seriously in family law matters, especially when considering child custody, with the safety and well-being of victims and children being a primary concern in any legal decisions.
Am I Eligible for Legal Assistance?
Legal Aid:
Victoria Legal Aid provides assistance and representation to those seeking intervention orders.
Support Services:
Various services offer support, including counseling, legal advice, and help with the application process.
What Are Important Considerations?
Protection for Children:
Children can be included in intervention orders if they are at risk of harm.
Duration:
Intervention orders can be made for a specified period or remain in place indefinitely, depending on the circumstances.
Variation and Revocation:
Either party can apply to vary or revoke an intervention order if circumstances change.
For specific advice and up-to-date information, it’s advisable to consult a legal professional or a family lawyer in Dandenong or where you live.
Your Family Lawyer in Dandenong
