An Intervention Violence Order (IVO) is an order made by the court that prohibits the defendant from certain behaviour, such as harassment, stalking, intimidation, violence or the threat of violence.
The purpose of an IVO is to provide protection from this behaviour in the future – it usually states that a person cannot behave as such or go within a certain distance of the home or workplace of the person lodging the complaint.
The Court can make an IVO if a defendant consents to an IVO being made, or if evidence is heard proving that a person in need of protection fears violence or harassment by the defendant. The magistrate also has to be satisfied that there are reasonable grounds for these fears in order to make an IVO. A person can get a:
• family violence intervention order to protect them a family member who is using family violence,
• personal safety intervention order to protect them from assault, sexual assault, harassment, property damage or interference with property, stalking and serious threats.
The two types of intervention orders are:
• an interim order – a short-term order made until a magistrate can hear all the evidence and make a final decision
• a final order – a longer-term order made if a magistrate believes a person needs protecting
If you need to make an Intervention Violence Order, or if somebody has made an IVO against you, it is recommended to seek legal advice from an experienced solicitor immediately.
What happens if someone tries to make an IVO against you?
You can object to an Intervention Violence Order being made against you and have the matter adjourned for trial at a later date. Under these circumstances, an interim IVO will be issued until the trial date. An intervention order is a civil order. However, breaking an intervention order is a criminal offence.
if you want to initiate an IVO application or if you want to defend an IVO application, please do not hesitate to contact us.
Contact Usto find out more or to arrange a consultation.