The statistics for family violence or domestic violence in Australia are alarming. At least one in three women and one in five men have experienced at least one incidence of family violence from a current or former partner. Family violence offences include physical, emotional, or economic abuse and have a devastating effect on victims, and we can help you in such family violence matters by offering valuable advice.
We, as expert lawyers in Melbourne, can assist if you are experiencing family violence by offering expert advice. We, as an expert family violence lawyer in Melbourne, know that this is a traumatic, emotional, and stressful time. We are compassionate, highly skilled family violence practitioners with a priority for our clients’ safety and welfare.
Family violence includes emotional, financial abuse, physical violence, and sexual abuse against another family member as defined in the Family Violence Protection Act. The conduct of the perpetrator may be actual or threatened. Family violence may also include behaviours that instil fear in a family member for their safety, the safety of another family member, or that of an animal.
Children may be exposed to family violence when they overhear threats towards other family members, witness or hear an assault of another family member.
The law also offers protection to a person from anyone who was a family member in the past and has committed family violence, for example, ex-partners.
A Family Violence Intervention Order (IVO) is an order made by the court that prohibits a respondent, or other party, from certain behavior such as harassment, stalking, intimidation, violence, or the threat of violence. IVO’s are designed to provide protection to the victim from this type of behavior. They can be made by consent or if the court is satisfied that the person in need of protection fears violence or harassment by the defendant.
If you need to apply for an IVO, or if somebody has applied for an IVO against you, it is advised that you seek legal advice from an experienced lawyer immediately.
An application for the family violence intervention order can be made at your local Magistrates’ Court. Also, the police can apply for one on your behalf. If you need urgent protection, a magistrate may issue an interim intervention order. This interim order provides protection from family violence until both parties can appear in court. You can also include persons who are under 18 in your application.
The person making an application to seek an intervention order is referred to as the ‘applicant’. The applicant can be a police officer or anyone seeking protection from family violence. The person against whom the intervention order is being brought (The individual responsible for family violence) is referred to as the ‘respondent’.
Once an intervention order is made by the court, the applicant becomes the ‘protected person.’
If the respondent breaches any conditions stated in an intervention order, police have all the power to charge them with a criminal offence.
If an IVO has been made against you and you wish to object, the court will postpone the matter for a contested hearing at a later date. Melbourne Lawyers & Mediators can guide you through the process, prepare a thorough brief and appear on your behalf to defend the allegations.
In some cases, applications for an IVO or family violence safety notice are resolved by being withdrawn and the respondent giving an undertaking to the court in similar terms as the intervention order sought. The undertaking is a promise to the court but not an order of the court.
Family violence includes any behaviour that causes harm, fear, or control over another family member. This can be physical, emotional, psychological, sexual, or financial abuse – even threats or damage to property or pets.
Anyone who is worried for their safety due to family violence can apply. This includes current or former partners, family members, carers, or anyone considered family under cultural or emotional circumstances. Police can also apply on someone’s behalf.
You can apply at your local Magistrates’ Court, or the police can do so for you. A magistrate can issue an interim IVO for urgent cases. Eventually, a court hearing is held to determine if a final IVO is needed. Legal advice is highly recommended.
Yes. Children under 18 can be included in the IVO application if they have been affected by or exposed to family violence.
You will be notified and can attend court to respond. If you don’t agree with the order, a contested hearing will be scheduled. Legal representation is important to assist in presenting your defence.
Breaching any condition of an IVO is a criminal offence. Police can arrest and charge the respondent, and the matter will be dealt with by the criminal court system.
An interim IVO provides short-term protection until the final court hearing. A final IVO is made after the court determines that ongoing protection is needed.
Yes. You have the right to contest an IVO by attending court. You may also agree to give an undertaking, a written promise to the court, not to engage in certain behaviours, without admitting guilt. A family lawyer can help you go through available options.
