Who is the respondent to an intervention order?
Who is the respondent to an intervention order?
If an application or an order was made against you, you are known as the ‘ respondent ’. Intervention orders are serious. They are made to protect people from family violence. When the police or a person applies for an intervention order, or when the magistrate makes an intervention order, you do not get a criminal record or conviction.
Who is an applicant for a family violence intervention order?
If there was an application for a family violence intervention order, the one who made it is called the applicant. The applicant can be the police, a partner, a parent or a guardian. The police must act to protect people and can apply for an order to protect a person even if the person does not want it.
How to deal with an intervention order in Victoria?
If you can not afford a lawyer, the magistrate can make an order that Victoria Legal Aid arrange a lawyer for you. Speak to the court registrar about this.
Do you have to accept an undertaking in an intervention order?
The applicant does not have to accept an undertaking. It’s their choice. If the police applied for the intervention order, they will run the matter at court. This means they will speak for the affected family member.
How does a final intervention order work in Victoria?
It has the same effect as a final intervention order. A magistrate can make a final order after they have heard the evidence at a contested hearing. The magistrate must be satisfied that the respondent has used family violence and is likely to do so again.
What happens if you break an intervention order?
When the police or a person applies for an intervention order, or when the magistrate makes an intervention order, you do not get a criminal record or conviction. However, if you break the conditions of an intervention order, it becomes a criminal matter.
How often are Family Violence Intervention Orders applied?
With more than 12,000 Family Violence Intervention Orders applied for each year, chances are you know someone who has been affected. We look at the different types of intervention orders (IVO) and how they can help protect you and your loved ones.
Who is a family member in a family violence intervention order?
When making an application for a family violence intervention order, family members are: people you treat like a family member – for example, a carer, guardian or person who is related to you within the family structure of your culture. The law also protects a person from anyone who was a family member in the past.
Can a police officer break an intervention order?
Intervention orders include conditions to stop the respondent from using family violence against the protected person. If the respondent breaks the conditions of an intervention order the police can charge them with a criminal offence. What is family violence?
How to apply for an intervention order in Victoria?
Family violence intervention orders Applying for an intervention order Understanding police applications Responding to an intervention order Changing an intervention order Interstate intervention orders Intervention order breaches Personal safety intervention orders Applying for an intervention order
How to prepare for an intervention order hearing?
It is important to get legal advice, even if the police are applying for an intervention order on your behalf. You should also consider asking to see the family violence applicant or respondent practitioner. Your case may not be heard straight away. Plan to be there for the whole day. Do not go too far away.
Where does a family violence intervention order go?
If an application for a family violence intervention order was made against you, the court sends it and any orders made, to the police station closest to where you live. This does not mean there are criminal charges against you. The police will personally give the order to you.
The person against whom the Order is proposed to be made is referred to as the respondent. Usually, the respondent will become aware that Intervention Order proceedings have been instigated against them when they are served with an Application for a Final Order and a Summons to attend Court.
What happens in the courtroom during an intervention order hearing?
What happens in the courtroom during an intervention order hearing depends on how the respondent chooses to respond to the intervention order. ignore the summons or safety notice and not go to court. The magistrate will check that the respondent agrees to the intervention order being made. The respondent can agree to:
How to contest an intervention order in court?
The matter will be adjourned from that date to a final hearing date. You should get legal advice before contesting an Intervention Order in Court. When you are in Court for your contested hearing the Magistrate will hear from the person applying for the Intervention Order first. Then they will hear from you.
What happens if an intervention order is withdrawn?
If both sides agree to an undertaking, the application for an intervention order is withdrawn. There is no court order. However, if the respondent disobeys the conditions, the applicant can still go ahead with their original application. This is called a ‘right of reinstatement’ to the applicant.
Can a court refuse to make an intervention order?
After hearing the evidence, the court can refuse to make an intervention order if it believes there is not enough evidence to support the application. Magistrates can make counselling orders that require a male respondent to attend a Men’s Behaviour Change Program. See the family violence courts and counselling orders page for more information.
Can a magistrate make an interim intervention order?
An interim order can be made without the respondent being at court or knowing about the order. It has the same effect as a final intervention order. Final orders. A magistrate can make a final order after they have heard the evidence at a contested hearing.