As a leading boutique regional law firm, JS Law will provide advice and representation at all stages of an Intervention Order matter. With offices in Bendigo and Woodend, we also provide advice for clients across Kyneton, Castlemaine, Gisborne and the Macedon Ranges.
You can apply for a Family Violence Intervention Order (FVIO) or Personal Safety Intervention Order (PSIO) at your local Magistrates’ Court. You can also contact Victoria Police, who in some circumstances will make an application for an Intervention Order on your behalf.
If you need protection straight away then you can apply for an Interim Order.
An Intervention Order will contain a number of conditions. The conditions you need will depend upon the circumstances of your matter. The person who needs protection is called the Affected Family Member and the person who the Order is made against is called the Respondent.
A breach of an Intervention Order is a criminal offence and serious penalties apply such as fine and imprisonment, depending upon the circumstances of the breach.
The definition of family violence is broad and can be categorised as harmful behaviour that is used to control, threaten, force or dominate a family member or other person through fear. It includes:
- physical abuse, such as hitting or pushing a person
- sexual abuse, such as forcing a person to have sex
- emotional or psychological abuse, such as controlling who a person can see and when, or calling them names
- financial abuse, such as controlling a person’s money without their consent.
Family violence is also behaviour that makes a family member fear for the safety of:
- their property
- another person
- an animal.
If a child hears, sees or is around family violence in any way, they are also covered by the law.
This includes if a child:
- helps a family member who has been abused
- sees damaged property in the family home
- is at a family violence incident when the police arrive.
If a final Order is made, even if the magistrate does not make a special condition that restricts a person from having a firearms licence, the respondent will automatically become a ‘prohibited person’ for five years. A prohibited person cannot get a firearms licence.
If the magistrate does not make an Order with a special condition that restricts the respondent from having a firearms licence, the respondent can apply to be a non-prohibited person.
Please contact our criminal lawyers and family lawyers in Bendigo and Woodend for advice and representation in family violence matters in Castlemaine, Kyneton, Gisborne and the Macedon Ranges.
Solicitors Juliana Smith, Reighan Gladman and their team will provide representation with determination, expertise and compassion.
