Intervention Orders (Restraining Orders/AVO’s)

Intervention Orders are Orders made in the local Magistrates Court.  They are made by the Court to prevent certain behaviours by one party or their associates against another person that makes that individual feel unsafe.  There are many conditions that can be imposed by the Court depending upon the circumstances of the case.  
An individual can apply for an Intervention Order to protect them from:
a. Stalking (which is when someone constantly contacts another person or behaves in a way that makes them feel worried, anxious or fear for their safety). A stalker can be anyone, not just a family member or someone that you know.
b. Family violence (which is protection from a family member who is using family violence harmful behaviour that is used to control, threaten, force or dominate a family member through fear such as physical assaults, sexual abuse, as well as emotional and or psychological abuse).

There are 2 types of intervention orders:

INTERIM ORDERS – short-term order usually for a week or two which is made until the Court can hear all the evidence and make a final decision.
FINAL ORDER – a long term order (usually not less than 12 months) made if a Court is satisfied that a person has used family violence or stalking and is likely to do so again.
Usually if an Application is made and the Court is of the view that the complaint is serious they may hear the initial Application on an Ex-Parte basis (meaning in the absence of the person the order is being sought against).  If during that initial hearing the Court is convinced about the allegations on a temporary basis they will make an INTERIM ORDER in favour of the Applicant.  The case will be adjourned for a week or 2 and the other party will be served by the Victoria Police with the Initial Application as well as the INTERIM ORDER and be summonsed to attend Court on the next date.  If they fail to attend on the next date it is likely that a FINAL ORDER will be made against them in their absence.

If the Court do not view the allegations in the Initial Complaint (Application) as urgent ...

... they will simply list the matter for a first date in a week or 2 and direct the Victoria Police to serve the Respondent who will need to attend Court on the next occasion.
You should note that Victoria Legal Aid do fund Intervention Order proceedings ,however the funding is limited and therefore you should speak with Duane Portway Family Law about the Intervention Order process and what is required prior to your first appointment. We do not undertake Victoria Legal Aid funded Intervention Order work.