What impact can intervention orders have?
If you’ve had an intervention order (IVO) placed against you, it is crucial to understand what that means, and the potential impact it could have on your life. Speaking with an experienced IVO lawyer is essential. As well as working on your defence to provide you with the best outcome, they will answer any questions you have about your specific circumstances in relation to the IVO.
What is an intervention order?
An intervention order is a court-ordered restriction that prohibits a person from communicating with or contacting a particular person or group of people. It is a legal document designed to protect people from harassment, abuse, or harm by someone close to them.
If you’re accused of assault or threatening violence, particularly in a domestic or neighbourhood setting, the police investigating the matter often apply for an IVO on behalf of the alleged victim. An IVO can also be requested by the alleged victim and can be put in place against you if the court finds that you have committed assault or made threats, and there is an ongoing safety concern for the victim.
In Victoria, an intervention order is issued by the Magistrates’ Court, and it is a serious legal matter that can have long-lasting implications for both parties involved. An intervention order aims to restrict an individual from performing certain activities and behaviours. While an intervention order is considered a civil order, breaching it can lead to criminal charges, including immediate imprisonment. As a result, it is crucial to understand your rights and seek legal advice when an order is filed against you.
The impact of an intervention order
Whether you’ve applied for an intervention order or had one placed against you, it’s important to understand the impact an intervention order can have, as there can be several impacts on the person who has been served with it.
- Restraining order: An intervention order requires the person named in the order to stay away from the protected person or persons, their home, their workplace, and their children’s schools. This means that they cannot contact the protected person or persons, either directly or indirectly.
- Criminal record: As an intervention order is a civil order, it will not appear on your criminal record, however, breaching an IVO is a criminal offence, and will result in you being charged.
- Firearms licence: When a person has an IVO made against them they become a Prohibited Person under the Firearms Act 1996. This means you will have to surrender any firearms and ammunition to the police immediately.
- Bail conditions: If you’re on bail when an IVO is filed against you, you will have additional bail conditions imposed on you that you must comply with.
When to speak with a criminal lawyer
If you have been served with an intervention order, it is essential to speak with an experienced criminal lawyer in Melbourne as soon as possible. A criminal lawyer can help you understand the implications of the intervention order and advise you on what actions you can take to protect your rights.
It’s essential to comprehend all options available if someone has applied for an IVO against you, particularly if you may face charges as a consequence of the allegation that triggered the application. Additionally, you must assess the potential influence of providing evidence in a court hearing on both a criminal investigation and prosecution. At Stary Norton Halphen, we have extensive expertise in addressing these concerns and will help you defend yourself in a manner that gives you the best chance of obtaining the best possible outcome, regardless of whether you are facing an intervention order application, criminal charges, or both.
It is also important to speak with a criminal lawyer if you believe that the intervention order is unjustified or unnecessary. A criminal lawyer can represent you in court and argue your case, providing evidence to support your position and protect your rights.
An intervention order is a serious legal matter that can have a significant impact on a person’s life. If you have been served with an intervention order, it is crucial to seek the advice of an experienced criminal lawyer in Melbourne to protect your rights and understand your legal options.