Restraining Orders, Apprehended Violence Orders (AVO) or an Intervention Orders (IVO), are each a type of Court Order which prevent persons (usually referred to as Respondents) from contacting or being within a certain distance of the Applicant / Victim / Protected person.
The names and terms vary from jurisdiction to jurisdiction. In America, these types of orders are often called Restraining Orders, in NSW, AVOs and in Victoria, IVOs.
In Victoria, conditions of Intervention Orders are commonly that the Respondent must not:
1. Commit family violence against the protected person,
2. Intentionally damage the property of the protected person,
3. Follow or keep the protected person under surveillance,
4. Publish on the internet, by email or other electronic communication, any material about the Protected Person.
5. Contact or communicate with the protected person (though there are often certain circumstances or reasons allowed by the Court for which the parties can communicate, or through their respective lawyers),
6. Approach or remain within a particular distance of the protected person (e.g 200m),
7. Go within a particular distance of the protected person’s home or work address,
8. Get any other person to do anything that the respondent themselves must not do under the order.
Where someone has made allegations to the Police regarding a criminal offence, it is common for the Police to seek an Intervention Order on behalf of the victim.
It is important to remember that even if the person applying for the Intervention Order has displayed aggressive or abusive behaviour towards the respondent themselves, this is not necessarily a reason for the Order not to be granted. Rather, it may provide grounds for the respondent to seek their own Order against the Applicant. Where both parties obtain orders against the other, this is commonly referred to as having ‘cross-orders’.
If you are the Respondent in an Application for an Intervention Order, then you should arrange to speak with a Melbourne criminal lawyer for advice as to what options are available to you, and what is be the best course of action in dealing with the application.
Call us for a free case assessment if you or someone you know needs advice regarding Intervention Orders.
Or, you can read further about Intervention Orders here.