Domestic violence offences / intervention orders
Victoria Police and the Court are taking an increasingly tough stance towards domestic violence. This is for good reason, given the high prevalence of domestic violence in Victoria
However, sometimes police take an ‘arrest first, ask questions later’ approach. You may find yourself arrested and slapped with an order excluding you from your house, without being given the chance to explain your side of the story. At Goodman Group Lawyers we are here to listen to help, and we fight hard for your rights.
What is an intervention order?
An intervention order (or IVO) is an order made be a Magistrate when there has been allegations of domestic violence. The person protected by the order is called the ‘protected person’. The person whom the order is against is called the ‘Respondent’. Typically the order will prohibit the respondent from having any contact with the protected person. If the respondent and the protected person were previously living together, the order will often exclude the respondent from his or her home.
I’ve been served with an intervention order, what should I do?
You should obtain legal advice so that you are fully informed of your rights. Never rely on the police for advice. Their job is to help the protected person, not you.
How can my partner get an intervention order against me when I wasn’t even present at
Court and wasn’t even told about the hearing?
An ‘Interim intervention order’ can be made without the respondent being present at Court. Interim intervention orders are designed to protect people whom the Court believes are in immediate danger of domestic violence. An interim order is a temporary order which lasts until a final order is made, or until the application is withdrawn or struck out. Even though an interim order has been made, you are still able to challenge the application against you. Contact our experienced lawyers for further advice.
What happens if I breach the conditions of the intervention order?
Breaching an intervention order is viewed as a very serious offence and is punishable by a term of imprisonment. If you have been charged with breaching an intervention order you should obtain legal advice immediately.
The police have questioned and/or charged me in relation to an assault, what should I do?
You should obtain legal advice immediately. Assault can be a very serious offence and if found guilty you could receive a jail sentence. If you disagree with the allegations, our lawyers will fight hard to get your charges withdrawn or struck out.