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Intervention Orders IVO | IVO Breach Charges | Domestic Violence Charges Victoria
Melbourne Lawyers for Intervention Orders | Balot Reilly Criminal Lawyers Melbourne
What is a family violence intervention order IVO in Melbourne & in Victoria?
A Family Violence intervention order is a Magistrates Court Civil order pursuant to the Family Violence Protection Act 2008 with specific restrictions which effectively restrain or prohibit a person, namely the 'respondent', from engaging in prohibited conduct against a family member, a partner or a former partner known as the Affected Family Member or AFM. This type of Intervention Order effectively protects the affected family member AFM from Family Violence and it protects their property from criminal damage. Family violence intervention order IVO is similar to a 'restraining order' in some countries.
What is family violence in Victoria leading to an IVO order in the magistrates court?
Family violence is defined as behaviour by a person towards a family member of that person if that behaviour is physically or sexually abusive; is emotionally or psychologically abusive; or is economically abusive; or is threatening; or is coercive; or in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of such behaviour as defined by section 5 of the Family Violence Protection Act 2008.
In most cases a Family Violence Intervention Order in Melbourne prohibits the respondent from engaging in family violence against an Affected Family Member or AFM or contacting or approaching, or publishing on the internet anything against the AFM who needs protection from the court. Any wilful breach of an intervention order is a criminal offence punishable by imprisonment.
The applicant for a family violence intervention order can be the person needing protection, a parent or guardian of the protected person if they are a child under 18 years old or a member of the police force.
Balot Reilly Criminal Lawyers Melbourne have highly experienced Intervention Order lawyers in Melbourne who are able to successfully defend applications for Family Violence Intervention Orders or breaches of family violence intervention orders anywhere in Victoria and Australia wide. Our Intervention Order lawyers in Melbourne can also apply for an intervention order at the Magistrates Court of Victoria to protect family members. It is important to contact our best Intervention Order lawyers in Melbourne for intervention order applications and breaches of intervention order charges. Our Melbourne Intervention Order lawyers provide outstanding legal representation in court for Applicants, Respondents and accused persons charged with breaches of intervention orders in Victoria and throughout Australia.
What is an interim intervention order in Melbourne & throughout Victoria?
An Interim Intervention Order is usually granted in favour of persons needing urgent protection by a court if it is necessary to protect those persons pending the court process prior to deciding whether to grant a final order further down the track. The court process usually lasts several months from beginning to end. These orders are usually granted in the absence of the respondent. Balot Reilly Criminal Lawyers can apply for an interim intervention order on your behalf using a very skillful, tactful and proactive professional legal representation in all Victorian courts.
What are the penalties for breaching intervention order in Melbourne, Victoria and australia?
Any wilful breach of intervention order prohibitions is a criminal offence in Victoria & throughout Australia and is punishable by imprisonment. The maximum penalty for contravention of an intervention order in Victoria is 2 years imprisonment or $39,652.80 fine or both. Our Intervention Order lawyers have avoided jail for our clients for breaches of Intervention Order for over 20 years.
What are the penalties for breaching intervention order intending to cause harm or fear for safety in Melbourne and Victoria australia?
It is a criminal offence for an accused to contravene a family violence intervention order intending to cause, or knowing that their conduct will probably cause, the protected person:
- physical or mental harm, including self-harm; or
- to be apprehensive or fearful for their own safety or that of anyone else.
The maximum penalty for a criminal charge of breach of intervention order intending to cause harm or fear of harm in Victoria is 5 years imprisonment or fine of $99,132 or both FVPA s123A(2)].
What are the penalties for persistent breach of intervention order in Melbourne & throughout Victoria australia?
It is a criminal offence for an accused person to persistently or continuously contravene a family violence intervention order against the same protected person on at least two occasions in the preceding four weeks. The maximum penalty for a criminal charge of Persistent breach of intervention order in Victoria is 5 years imprisonment or fine of $99,132 or both. [FVPA s123A(2)]
What is a personal safety intervention order in Melbourne & throughout Victoria?
A Personal safety intervention order in Victoria, otherwise known as apprehended violence order in some states and territories in Australia or a restraining order in some countries, is a Magistrates Court Civil order pursuant to the Personal Safety Intervention Orders Act 2010 with specific prohibitions which effectively restrain or prohibit a person (namely the "respondent") from engaging in prohibited behaviour against a protected person who is for example a neighbour, friend work colleague employer, employee, tenant Landlord, student person you know or a stranger who is not a family member of the protected person. This type of Intervention Order effectively protects the protected person from violence and prohibited behaviour.
In most cases Personal safety Intervention orders in Melbourne and throughout Victoria prohibits the respondent from engaging in prohibited behaviour against the protected person, contacting or approaching, or publishing on the internet anything against the protected person. Any wilful breach of a Personal Safety intervention order is a criminal offence punishable by imprisonment. The applicant for a Personal Safety intervention order can by the person needing protection, a guardian of the protected person or a member of the police force.
Balot Reilly Criminal Lawyers Melbourne have highly experienced criminal defence lawyers who are able to successfully defend applications for Personal Safety Intervention Orders or breaches of Personal Safety Intervention Orders. Our criminal lawyers in Melbourne can also apply for an intervention order at the Magistrates Court of Victoria to protect family members.
Who may apply for intervention order in Melbourne & in Victoria?
Any person can apply for an intervention order in Melbourne Victoria if that person or their child or a person in their care is a victim of harassment, stalking, violence or threat of violence, physical or psychological abuse and even economic abuse etc. Balot Reilly criminal lawyers can apply for an intervention order in Melbourne, Australia on behalf of the protected person or defend an application for intervention order on behalf of the respondent to an intervention order application.
How does the police apply for an intervention order in Melbourne Victoria?
If Victoria police feel that a person needs protection from family violence or protection from prohibited behaviour; a member of Victoria police can apply for an order on their behalf by filing the application for intervention order in any court in Victoria and formally applying to the court for an Intervention Order protecting that person. Balot Reilly Criminal Lawyers can defend police applications for Intervention Orders in Victoria using tactful legal skills and the highest level of professional legal representation in court.
How to file an application for an intervention order in the magistrates court in Victoria?
The protected person can attend the local Magistrates Court to formally apply for an intervention order by alleging prohibited behaviour or family violence on oath perpertrated by the respondent, such as threats, abuse, stalking, physical violence etc. The Magistrate would then decide whether an interim intervention order is necessary for immediate protection of the individual depending on the level of risk to their safety pending delays in the court process which might take several months to determine a Final Intervention Order. Balot Reilly criminal lawyers can file an application for intervention on your behalf ensuring it's completed and filed to the highest legal professional standards to maximise your chances of success. Our best criminal lawyers in Melbourne are experts in applying for an intervention order in Melbourne, Australia on behalf of the protected person or defend an application for intervention order on behalf of the respondent to an intervention order application.
How is an intervention order served in Victoria?
Local police officers will usually serve the application for intervention order or Interim Intervention Orders on the Respondent by arranging for collection from a Police Station, attending their place of residence or place of employment.
What are the benefits of an intervention order in Melbourne, Victoria & australia?
Balot Reilly's Intervention order criminal lawyers can apply for Intervention Orders in Melbourne that can give the protected person peace of mind and a sense of personal safety for their family, their property and themselves knowing that if a respondent engages in conduct prohibited by the order that police would most likely arrest the respondent and charge the respondent with criminal charges for breaching an intervention order which is punishable by maximum of 2 years imprisonment for each breach of IVO charge or 10 years imprisonment for persistent breaches of IVO.
Also if the respondent to an intervention order has a firearms licence they will be ordered to surrender their firearms if the order is granted. This is important to protected persons especially in acrimonious relationships because the surrendering of a firearm might prevent the ability to inflict potential serious violence with deadly force against the protected person. Balot Reilly criminal lawyers can also defend applications for Intervention Orders on behalf of respondents to protect their freedom of movement. This is of particular importance where the person seeking the order does so for an ulterior motive other than protection from prohibited behaviour or family violence. Our best criminal lawyers in Melbourne can defend Intervention Order Applications and stop unscropolous applicants abusing the court process.
What to do if you're in court and you need the best intervention order lawyer in Melbourne?
It's never too late contact an expert criminal lawyer from Balot reilly Criminal Lawyers Melbourne to immediately appear for you in court and to fight for you. You can contact Balot Reilly Criminal Lawyers on 93266606 or our 24/7 emergency hotline 0421905576
What to do if you're in court and you're unhappy with your intervention order lawyer in Victoria?
You need to communicate your concerns to your lawyer and ask the Magistrate for an adjournment and contact Balot Reilly expert criminal lawyers urgently if you want great legal representation in court. It's never too late to call Balot Reilly criminal lawyers to represent you in intervention orders in court to fight for your rights, restore your confidence and peace of mind.
What are domestic violence criminal charges in Melbourne, Victoria & australia?
Domestic Violence Charges are serious criminal offences in Melbourne Victoria and Australia. Criminal charges would usually be laid where police are satisfied that the accused assaulted, threatened, harassed or stalked a family member or members, current or former intimate partners. Our best criminal lawyers in Melbourne are experts in defending domestic violence charges. Our criminal defence lawyers are experts in defending family violence criminal charges or domestic violence criminal charges in Melbourne and Victoria including;
- Defending domestic assault charges and all other prohibited behaviour
- Defending breaches of Intervention Order charges
- Defending stalking charges
- Defending threats to kill or to cause serious injuries in a domestic setting.
If you're accused or suspected of committing domestic family violence charges you need to contact an experienced criminal defence lawyer from Balot Reilly Criminal Lawyers, because the consequences of being charged and possibly convicted of domestic violence charges could cost you your freedom, destroy your livelihood, your relationship with your family, affect your future prospects of employment, liberty to travel and to lead an unrestricted wholesome lifestyle. Our criminal lawyers at Balot Reilly are well aware that in Melbourne and the rest of Victoria the courts are coming down heavy on domestic violence, hence it is important to retain our best criminal lawyers in Melbourne to put together great planning, preparation and professional legal representation to avoid a potential disaster with inexperienced criminal lawyers.
For further information please visit: https://www.mcv.vic.gov.au/family-matters/family-violence-intervention-orders-fvio
Melbourne Criminal Lawyers for Intervention Orders| Best IVO Lawyers in Melbourne | Balot Reilly Criminal Lawyers
Melbourne Office: 462 William Street Melbourne West, Victoria 3003
Available 24/7 for phone consultation
Ph: (03) 9326 6606
Mob: 0421 905 576
