Intervention Orders - Know your Rights

 Monday, June 05, 2017

 

Intervention Orders – Know your Rights

The two most common questions we are asked are:

1. What is the difference between a Restraining Order, an Intervention Order (IVO) and an Apprehended Violence Order (AVO)?

2. Do I need a lawyer to represent me in relation to a Restraining Order, IVO or AVO at Court?

The formal term is either an IVO (if made in Victoria) or an AVO (if made in New South Wales). Both Orders, if made, usually prevent a person from communicating with or being within a certain distance of another person.

For example, a person can apply for an IVO either under the Family Violence Protection Act 2008 (Vic) where the parties are related or in an intimate relationship or under the Personal Safety Intervention Orders Act 2010 (Vic) if the parties are not family members.

An application for an IVO can be made to a member of the Police at your nearest police station, or alternatively, to a Registrar of the Magistrates Court of Victoria. It is important that when you are making your application you know the full name, address and date of birth of the person that you are seeking an Order be made against so the police can serve the application on the Respondent.

Once your Application is filed with the Court a Court date will be set down. Until the Court makes a decision about your Application, an Interim IVO will be made which prevents the Respondent from usually communicating with or being within a certain distance of you.

At the Court hearing, a Magistrate will either grant or dismiss an IVO, as well as give an opportunity for the Respondent to consent to the IVO being made or contest the IVO.

It is important that you understand exactly what an IVO is and how it will affect you, whether you are the Applicant or the Respondent. It is also important you understand the options available to you. We can provide you with legal advice to help you understand the process, your rights and your options and will also be able to represent you at Court.

If you need to make an IVO, or if somebody has made and IVO against you, contact Ashlyn McCurdy at Cosgriff Lawyers to find out more or to arrange an appointment on (03) 5480 6344 or ashlynm@cosgriff.lawyer.