Have you ever found yourself facing an intervention order (IVO) and wondered what steps you need to take to defend yourself? If so, you’re not alone. Every year, thousands of individuals in Victoria find themselves in a similar situation, grappling with the complexities of legal proceedings and the profound impact an IVO can have on their lives. Whether it’s a misunderstanding, a false accusation, or a situation that’s spiralled out of control, dealing with an intervention order can be overwhelming and stressful.
An IVO is a legal mandate that can restrict your freedom, affect your personal relationships, and even impact your employment. Understanding what an IVO entails, how it can be challenged or removed, and the defences available if accused of breaching one is crucial for anyone in this predicament. Our comprehensive guide will walk you through the essentials of defending against an intervention order, with a specific focus on the processes and legal strategies relevant to people living in Victoria.
What is an Intervention Order?
IVO’s are designed to protect individuals from threats, harassment, or abuse. They can be issued by a court in various circumstances, including family violence or stalking. The order imposes restrictions on the respondent’s behaviour, aiming to prevent further harm or harassment.
Types of Intervention Orders
There are two main types of intervention orders in Victoria:
- Family Violence Intervention Order (FVIO): Issued when the respondent is a family member of the applicant.
- Personal Safety Intervention Order (PSIO): Issued when the respondent is not a family member, such as a neighbour or acquaintance.
How to Remove an Intervention Order
Removing an intervention order in Victoria can be a complex process. If you believe that the IVO against you is unjust or no longer necessary, you can apply to have it varied or revoked.
Steps to Remove an Intervention Order
If you believe that an IVO against you is unjust or no longer necessary, you have the right to apply for its variation or removal. The process involves several legal steps to follow systematically. Here’s a detailed guide on how to remove an intervention order in Victoria:
1. Seek Legal Advice
Before taking any action, it’s crucial to seek legal advice. Skilled criminal defence lawyers, such as those at Seda Kilic & Associates, can help you understand the grounds for varying or revoking an IVO and advise you on the best course of action.
2. Understand the Grounds for Variation or Revocation
Courts require substantial reasons to vary or revoke an IVO. Common grounds include:
- Change in Circumstances: Demonstrating that the circumstances that led to the issuance of the IVO have significantly changed.
- Compliance with the Order: Showing you have adhered to the conditions of the IVO and there is no longer a need for it.
- Agreement from the Protected Person: If the protected person consents to the variation or revocation.
- Injustice or Unfairness: Arguing that the IVO is causing undue hardship or is unjust.
3. Prepare Your Application
You will need to fill out the appropriate forms to apply for a variation or revocation of the IVO. These forms can be obtained from the Magistrates’ Court of Victoria or its website.
Ensure you provide detailed and accurate information including:
- Your Details: Full name, contact information, and any relevant case numbers.
- Details of the IVO: Specific conditions you wish to change or revoke and the reasons for your application.
- Supporting Evidence: Include any documents or evidence that support your case, such as proof of changed circumstances, character references, or evidence of compliance with the IVO.
4. File Your Application
File your completed forms with the Magistrates’ Court where the original IVO was issued. There may be a filing fee, so check with the court for details. You must then have a copy of your application served to the protected person. This can usually be done by mail or through a legal representative.
5. Attend the Court Hearing
Prepare for the Hearing: Gather all relevant documents and evidence to present your case effectively. Your lawyer can help you prepare your arguments and anticipate questions from the court.
Attend the Hearing: Be punctual and respectful during the court proceedings. Present your case clearly and provide all necessary evidence. If the protected person objects to the variation or revocation, they will have the opportunity to present their arguments as well.
6. Await the Court’s Decision
Court Deliberation: The magistrate will consider the evidence and arguments from both parties. They will make a decision based on whether the variation or revocation of the IVO is justified.
Outcome Notification: You will be notified of the court’s decision. If the court agrees to vary or revoke the IVO, the order will be modified accordingly. If your application is denied, you will need to continue complying with the existing conditions of the IVO.
7. Follow Up if Necessary
Appeal if Denied: If your application is denied and you believe the decision was unjust, you may have the option to appeal the decision. Consult your lawyer to discuss the viability and process of filing an appeal.
Comply with the Order: If the IVO is varied rather than revoked, ensure you understand and comply with the new conditions to avoid further legal complications.
Defences for Breaching an Intervention Order
Breaching an IVO is a serious offence, carrying significant legal consequences that can include fines, community service, or even imprisonment. However, there are legitimate defences that can be raised if you are accused of breaching an IVO. Understanding these defences and how they can apply to your situation is crucial in ensuring you receive a fair outcome in court.
Common Defences
1. Lack of Intent
One of the most common defences against breaching an IVO is demonstrating a lack of intent. This defence hinges on proving that the breach was accidental or unintentional.
Example: John is under an IVO that prevents him from contacting his ex-partner, Sarah. One day, while grocery shopping, John accidentally runs into Sarah in the supermarket. Although they exchanged brief greetings, John quickly left the scene to avoid further interaction. Since the encounter was accidental and John did not intend to breach the order, he may use lack of intent as a defence.
2. Lack of Knowledge
Another defence is proving that you were unaware of the intervention order or its specific conditions. This can occur if you were not properly served with the order or if there was a misunderstanding about the terms.
Example: Emily received an IVO that restricts her from contacting her neighbour, Tom. However, Emily never received the paperwork detailing the exact conditions of the order. One day, she inadvertently waves at Tom from her driveway, not knowing this constitutes a breach. Emily can argue that she lacked knowledge of the specific conditions of the IVO.
3. Self-Defence
In situations where the breach occurred as a result of protecting oneself from immediate harm, the defence of self-defence can be invoked. This is particularly relevant in cases where the respondent acts to protect themselves from the applicant or another person.
Example: Mark is under an IVO that prohibits contact with his ex-colleague, Peter. One night, while walking home, Peter confronts Mark and becomes physically aggressive. Mark pushes Peter away to defend himself. Although Mark technically breached the IVO by having physical contact with Peter, he can argue that it was necessary to protect himself from harm.
4. Duress
Duress can be used as a defence if you can demonstrate that you were coerced or forced into breaching the IVO under threat or pressure from another person. This defence requires showing that the breach was a direct result of being placed in a situation where non-compliance would lead to significant harm or threat.
Example: Lisa is under an IVO that prevents her from contacting her former partner, Andrew. Andrew, however, threatens to harm Lisa’s family if she does not meet him to discuss their relationship. Fearing for her family’s safety, Lisa complies and meets Andrew, thereby breaching the IVO. Lisa can argue that she acted under duress and had no choice but to breach the order.
5. Necessity
The defence of necessity applies when breaching the IVO was necessary to prevent greater harm. This defence is used when the respondent believes that breaking the order was the only viable option to avoid an immediate and serious danger.
Example: David is under an IVO that prohibits him from being near his ex-partner, Rachel. One day, David witnesses Rachel being involved in a car accident and rushes to help her, believing that his assistance is crucial until emergency services arrive. David can argue that breaching the IVO was necessary to prevent Rachel from sustaining further harm.
Defending against an IVO involves understanding the legal framework, the process of removing an IVO, and the potential defences for breaching one. Given the complexity of these matters, seeking professional legal advice is essential.
Seda Kilic & Associates offers expert assistance with IVOs, ensuring that your rights are protected and that you receive the best possible defence. Contact us for more information or to schedule a consultation.
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