Intervention orders (AVO, FVO and PSIO) are legal orders designed to protect people from violence and other threats. A good intervention order lawyer can help defend and uphold their client's rights as well as represent them in court proceedings.
Brreaches of intervention orders are criminal acts. Should police allege a breach, they will interview and charge respondents who could face jail time as a result of such violations.
Application
If you are the victim of family violence or need protection from someone, an intervention order may provide relief. A lawyer can assist with filing the application and presenting your case in court; cross-examine witnesses on your behalf and make legal arguments on your behalf before acting if someone breaches it.
Magistrates are responsible for making decisions regarding intervention orders and setting the conditions that will accompany them. They may also issue interim intervention orders to protect you from those you fear; such orders remain in effect until all evidence can be heard and decided whether a final order should be issued by a court.
If you want an intervention order, either you or the police can file an application on your behalf. When filing in person at magistrates court, any documents supporting your submissions should also be brought with.
Interview
When making an application for an intervention order, the police will deliver your application directly to those against whom you need protection; these individuals are known as respondent.
At court, a registrar will carefully read through your application form and interview you privately to ascertain why an order is necessary and which conditions should be included in it. It is crucial that if immediate protection is required as this may delay or expedite hearing of your application.
The registrar will transcribe what you told her into an application that must be signed under oath or affirmation as true and correct. You may be required to provide evidence in support of your case; here, a specialist intervention order lawyer may come in handy by offering strong legal arguments for why the request should be granted.
Contested hearing
A contested hearing is a legal procedure where opposing parties present arguments to a court or decision-maker for consideration by them. This may take place during criminal, civil or administrative law cases.
Intervention orders (also referred to as AVO's, DVO's and restraining orders) are court orders designed to protect individuals from domestic or family violence. Such an order could prohibit certain behaviors like having contact with the protected person or coming within certain distance of their home or workplace, among many other behaviors.
If you believe you or someone close to you has been the subject of abuse, or suspect such abuse has taken place, it is crucial that protective orders are obtained as quickly as possible. Applying for protective orders is generally straightforward and quick - though any delays could have serious repercussions; to make sure all relevant facts and evidence supporting your application are taken into consideration it would be prudent to consult a qualified intervention order lawyer as soon as possible for advice and representation.
Undertaking
Once an intervention order has been issued, the Respondent will be issued with either a summons or family violence safety notice and asked to attend a court hearing at an appointed date and time. This hearing is the initial of many procedural ones before going ahead to contested hearing where evidence will be heard and tested formally.
Respondents in family violence cases may decide to enter an undertaking agreement during litigation. By agreeing to such an undertaking, they voluntarily promise not to commit family violence against the Applicant while still disputing any of the allegations that have been made in an application for protection from abuse. These undertakings can be negotiated between attorneys from both sides before being formalised into an official document and sent out for signatures.
An experienced intervention order lawyer will be able to guide you through the process and present legal arguments on your behalf - such as cross-examining witnesses and making the case that undertaking is unnecessary.