These orders can be applied for by individuals or by police officers.
Parties seeking or requiring protection are referred to as ‘protected person’ or ‘affected family member’.
Parties accused of committing violence are referred to as the ‘Respondent’.
Interim orders are the first and a temporary stage of the matter. Prior to agreeing on any final orders which commonly have a duration of 12-24 months, both parties should seek independent non-prejudiced legal advice.
Once orders are made ‘final’, the respondent has a family or personal violence record (which in most circumstances is irreversible), this usually sticks for a very long time. Even though a Respondent may agree to an order ‘without admissions’ to the allegations being made, violence will be established and on record.
Proven breaches of either an interim or final order usually result in criminal charges. It does not matter if the protected person provokes breach or initiates communication or makes a call. It is the Respondent’s own responsibility to religiously follow the Court Order.
We have extensive experience in handling complex intervention orders, breaches resulting in criminal charges, successfully concluding, or extending orders and resolving criminal charges. Where parties agree, orders can be varied and/or revoked allowing undertakings or other alternatives to be arranged.
IVOs are a declarable court outcome disclosable for people applying for security guard licences, commercial vehicle passenger licences, jobs and visa applications. Importantly, any matters relating to the Family Court, Children’s Court and The Department of Health and (DHHS).
We highly recommend seeking the right legal advice prior to any Court date.
