Intervention Orders.
Intervention Orders (commonly referred to as “FVIO”; “AVO” and/or “IVO”) are protective orders available under state legislation to address violence and abuse between spouses, partners, and family members.
Although procedures differ between jurisdictions each recognises:
A range of behaviours (physical and non-physical) can constitute domestic and family violence;
Patterns of behaviour may occur over time and not be one-off incidents;
Behaviour does not need to constitute a criminal offence to come within the scope of domestic and family violence; and
Affected parties may require an ‘Interim Order’ for immediate protection pending determination of whether a Final Order is appropriate.
Precise legal guidance is essential where Intervention Order and Family Law issues collide.
Intervention Orders are blunt legal instruments by design. As a result issues that are commonplace with an Intervention Order include:
Standard conditions can be insufficient or too restrictive;
Respondents and persons affected by family violence can be misidentified;
Intervention Orders can be misused to address parenting and property issues which ought to be dealt with in the Family Law jurisdiction.
Sayer Jones advises on Family Violence Intervention Order matters to persons affected by family violence and respondents whose rights have been affected by an Intervention Order. Our services include:
Preparation of Intervention Order applications, supporting documentation and representation for persons affected by family violence. Applying for an Intervention Order can be deceptively difficult where Family Law issues arise concurrently;
Contesting an application and ex-parte Interim Orders. Intervention Orders can have profound implications for a respondent’s position in Family Law issues (parenting and property) if they do not receive appropriate and timely advice.
Assisting applicants and respondents where Intervention Order litigation is ongoing.
Early advice is critical in relation to Intervention Order matters.