Domestic / Family Violence

What is domestic violence?

The Family Violence Protection Act (2008) the main legislation governing domestic and family violence in Victoria. This Act recognises that family violence is not just physical but also includes economic, emotional, psychological, and sexual abuse.

Domestic violence, also known as family violence not only goes by different names across Australia, but also has similar but different laws.

Having represented clients both as applicants and respondents in relation to intervention orders for over 35 years, we are highly experienced in dealing with the legal issues associated with family violence and domestic violence within the Victorian court systems.

What is an intervention order?

There are different types of intervention orders which are applicable in different circumstances such as:

• Apprehended violence orders (AVO’s)
• Family violence orders
• Restraining orders
• Domestic violence orders
• Personal safety intervention orders
• Intervention violence orders (IVO’s)

Regardless of what type of intervention order, they all have the same goal; to preclude one person from engaging in certain activities towards another person.

In some cases, an interim order may also be granted which means that the order is in effect immediately, and assessed again for its appropriateness at a magistrates Court.

What to do if you are a respondent in an intervention order

Whilst each case is different, regardless of your situation it is important that you:

• Carefully read and understand the conditions of the intervention order
• Comply with all conditions on the intervention order
• Seek legal advice as soon as possible
• Contact Velos Criminal Lawyers immediately to obtain advice and representation to best deal with your situation.

What to do if you need to take out an intervention order

To obtain intervention order, the applicant must attend the local Magistrates Court or you can obtain assistance from the police. Applicants can be assisted by a lawyer, the police or they may choose to do this themselves. For immediate protection, the applicant must apply to the court or police to have an interim intervention order granted.

For this to be granted, the magistrate needs to agree that it would

• Ensure the safety of family member
• Preserve the property of a family member
• Or to protect a child or children who have been subjected to family violence

If police have been involved in the matter already, a reverse onus may apply meaning that the court must be satisfied that there are no circumstances to justify imposition of an interim order against the respondent.

Contact us today