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Personal Safety and Family Violence
Intervention orders are legal tools designed to protect individuals from harm. In Victoria, intervention orders are commonly referred to as IVOs (Intervention Violence Orders). In Victoria, there are two main types of intervention orders: Personal Safety Intervention Orders (PSIO) and Family Violence Intervention Orders (FVIO). These orders are also known as restraining orders in some contexts. Intervention orders are issued to prevent prohibited behaviour, such as harassment or violence. Each serves a specific purpose and is governed by separate laws. This blog provides an overview of these orders and explains the key differences between them.
Personal Safety Intervention Orders (PSIO):
The Personal Safety Intervention Order Act 2010 (PSIO Act) was introduced to protect people from harm caused by individuals who are not family members. It covers a wide range of behaviours, including:
- Assault
- Sexual assault
- Harassment
- Stalking
- Property damage
- Serious threats
Intervention order applications can be made by individuals seeking protection from prohibited behaviour under the PSIO Act.
The PSIO Act also aims to resolve disputes through mediation when appropriate. A personal safety intervention order is typically issued by a Magistrate to safeguard the applicant from physical or mental harm. Applicants are individuals who seek protection under a PSIO, and intervention order applications involve a legal process that places specific conditions on how the respondent (the person causing harm) must behave towards the applicant.
Key Features of a PSIO:
Who can apply: Anyone needing protection from someone who is not a family member.
Purpose: To prevent physical and psychological harm caused by non-family members.
Mediation: Where suitable, disputes may be settled through mediation, reducing the need for an order.
Breach of order: Failing to comply with a PSIO is a criminal offense and can result in serious penalties.
Legal professionals can assist both applicants and respondents throughout the PSIO process, providing guidance and support to help them understand and manage legal proceedings.
It is important to attend court for PSIO hearings, as failing to attend court may result in orders being made in your absence or other negative consequences.
Family Violence Intervention Orders (FVIO):
Unlike PSIOs, Family Violence Intervention Orders (FVIO) are designed specifically to protect individuals from harm caused by family members. They are governed by the Family Violence Protection Act 2008 (FVPA) and apply to situations involving domestic violence. A family violence intervention order can be used to protect an affected family member, their children, and any other protected person as defined by law. A child can be named as a protected person in an FVIO.
Family violence can include physical abuse, emotional or psychological abuse, sexual abuse, financial abuse, and coercive control. In urgent situations, Victoria Police may issue a safety notice to provide immediate protection, which can lead to an FVIO. Victoria Police also play a key role in issuing safety notices and enforcing FVIOs. A respondent who breaches an FVIO can face criminal charges. These orders are vital for ensuring the safety and well-being of victims and are enforceable by law.
Key Features of a FVIO:
Who can apply: Any family member experiencing violence from another family member.
Purpose: To prevent domestic violence and protect the affected family member and their children.
Breach of order: A breach of an FVIO is a criminal offense and can lead to charges, fines, or imprisonment. An order imposed by the court is legally binding and must be followed.
Interim intervention order: An interim intervention order or interim order may be issued before a final hearing to provide immediate protection until the court makes a final decision.
Legal advice: It’s critical to engage experienced domestic violence lawyers to handle FVIO cases, especially when dealing with interim orders, ensuring proper legal representation and protection.
Differences Between PSIO and FVIO:
Relationship between parties: PSIOs are for protection against non-family members, whereas FVIOs are specific to family relationships.
Severity of cases: Family violence cases (FVIOs) often involve more severe and complex charges than PSIOs. The law tends to provide more rigorous protections for victims of family violence due to the nature of domestic abuse.
Circumstances of each case: The specific circumstances of each case determine which type of intervention order is appropriate, as factors such as the relationship between parties and the nature of the alleged conduct are considered.
Legal representation can help ensure the best possible outcome for individuals involved in intervention order matters, whether through negotiation or court proceedings.
Other Types of Intervention Orders:
In Victoria, intervention orders are sometimes known by other names, especially in different states and territories:
- DVO (Domestic Violence Order) – as referred to in the Family Violence Protection Act
- AVO (Apprehended Violence Order) – in New South Wales
- VRO (Violence Restraining Order) – in other Australian states and territories
Intervention order matters are typically heard in Magistrates’ Courts, but appeals from the Magistrates’ Court can be heard in the County Court. Different courts across Australia handle intervention order matters, depending on the jurisdiction.
While these terms may vary across regions, their core function remains the same: to protect individuals from violence or harm.
Intervention Order Lawyer - MK Law Melbourne
Both Personal Safety and Family Violence Intervention Orders play a crucial role in ensuring safety and preventing harm. Our firm provides legal support for both applicants and respondents in intervention order matters, offering experienced representation for either party throughout the legal process. Understanding which type of order applies to your situation is essential, and seeking legal advice from specialised lawyers can help navigate the legal complexities involved. If you are facing any form of harassment or violence, contact our office today for urgent legal advice and to secure protection for yourself and your loved ones.
For more information on either PSIO or FVIO, refer to their individual publications.
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Contact MK Law for Expert Advice:
At MK Law Firm, we understand the challenges and emotional turmoil that come with Personal Safety Intervention Orders (PSIOs) and Family Violence Intervention Orders (FVIOs). Our compassionate and knowledgeable legal team is dedicated to assisting clients with intervention order applications and related legal matters, helping you navigate these sensitive situations with care and expertise.
We provide comprehensive legal support, whether you are seeking to obtain an order for your protection or responding to one. Our team is available to assist you at every stage of the intervention order process, ensuring that your rights are upheld while prioritising your safety and well-being.
If you need urgent legal assistance or have inquiries regarding your situation, please reach out to us. You can contact MK Law Firm at 1800 130 120. We also offer 24/7 Free Legal Advice, so you can access essential guidance whenever you need it.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au