Under the Family Violence Protection Act 2008 (Vic), family violence is behaviour by a person towards a family member that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, controlling, dominating or inducing of fear. Importantly, causing a child to witness any of these behaviours so too constitutes family violence.

 

If you or anyone you know needs protection from someone because you are feeling unsafe, then an intervention order is the best form of protection as it is a State court order that prohibits a person from committing a certain action against you. In particular, an intervention order will help protect you from harassment, threats and intimidation. You can apply for a family violence intervention order at your local Magistrates’ Court.

 

If you feel that you are in immediate danger and need protection straight away, then you may apply for an interim intervention order. An interim intervention order usually remains in place until a Magistrate decides whether to make a final order. An interim order can be made without the Respondent being present at court. Later on the Magistrate can make a final order once they have heard the evidence at a contested hearing. In order for a final order to be made the Magistrate must be satisfied that the Respondent has committed family violence and is likely to do so again.

 

At Brendan Rothschild Legal Group we assist clients who want to apply or have already applied for a family violence intervention order. We provide tailored advice based on the client’s individual circumstances and represent you at court. We also act for clients who are defending an application or are seeking to have an Intervention Order varied.