Family Violence and Intervention Orders

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If you feel that you have been subjected to family violence, you probably have been. if you are in fear of your partner or former partner and you feel unsafe or have experienced controlling behaviour and feel that’s likely to continue, you can seek an Intervention Order. In short, the Family Violence Protection Act 2008 (Vic) defines Family Violence very broadly, and to be clear, the behaviour doesn’t have to constitute a criminal offence to be considered family violence.

Family violence is behaviour that makes another person feel fearful and unsafe. It’s defined as behaviour by a person towards a family member of that person if that behaviour is:

  • physically or sexually abusive
  • emotionally or psychologically abusive
  • economically abusive
  • threatening or coercive

Family Violence includes behaviour that in any other way controls or dominates the family member and causes that family member to feel fear for their safety or wellbeing. It can include damage to property and injury to animals. It is comprised of any form of behaviour that makes a family member fear for their safety or wellbeing or for the safety or wellbeing of another person.

Importantly, includes behaviour that causes a child to hear or witness, or otherwise be exposed to the effects of this type of behaviour.

Fair Family Law will assist you with all aspects of family violence and Intervention Order matters. The police often make an Application for an intervention Order on behalf of the persons affected by the violent behaviour, however there are plenty of cases where an Intervention Order should be sought and there hasn’t been police involvement and we can assist you to prepare your Application and represent you at your Court events.

Fair Family Law also advise and represent people who have been served with an Application for an Intervention Order against them.

It is important to understand the restrictions an Intervention Order places on you as a breach of the Intervention Order may result in a criminal charge and conviction. Intervention Orders may also have implications for your living arrangements and employment, or more commonly it may exclude you from spending time with your children. In these circumstances, or if the allegations of family violence made against you are false, we can assist you in contesting the Intervention Order and ensuring that you have time with your children by pursuing other legal avenues, in particular by way of an Application to either the Family Court or the Federal Circuit Court.

Family Violence and Intervention Orders

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