There is no excuse for violence between family members. It is the ultimate breach of trust. We may fall out of love with a family member, but we must always respect them. Intervention Orders (IVOs) are made under the Family Violence Protection Act. An Order is a civil order, but a breach is a serious criminal offence prosecuted by police. Sometimes, police bring applications for IVOs. Often, the O
rders are sought in the context of a marriage/relationship break-up. The hearing is in a Magistrates’ court. There are procedural rules which may prevent a party from questioning another party. You will almost certainly have a better chance of obtaining the order, or preventing it from being made, if represented by a lawyer. A lawyer experienced in family and criminal law will help enormously. Family Violence Protection Orders are intended to protect the vulnerable. Powerful conditions are a part of the Order. Conditions include excluding persons from a property, school, or workplace. If you feel threatened and unsafe in your home, if you fear for your child, an order may exclude the perpetrator from the house. Sometimes, this law is used for an ulterior purpose, such as evicting a spouse from the house or denying them time with children, without just cause. If an IVO is obtained during, or before issue of, Family Court proceedings, the Applicant may secure a tactical advantage.
