What might happen when you breach an Intervention Order?

12 Aug

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Domestic violence is a serious issue that may need to be dealt with in a legal setting. Intervention orders that stem from domestic violence are often heard in a court with the help of lawyers. Going to court is never easy; these situations are hard, especially if there are children involved.

You may need the help of a family violence lawyer depending on your situation and stance. Call our criminal lawyers in Melbourne for advice on what you should do if you have been served with an IVO, we can be there for you when it feels like nobody else is.

What is an intervention order?

If a domestic violence incident is taken to court, generally an intervention order will be put in place or at least requested.

So – what is an IVO?

An intervention order, often called an IVO or a restraining order, is an order established by the court to prevent an abuser from coming into contact with the abused, their home, or their children.

An intervention order can also prevent the perpetrator from contacting the accuser via social media or telephone.

What is considered domestic violence?

Domestic violence generally involves physical or sexual violence. But it can also come in the form of threats or severe negligence.

Although domestic violence is typically from a male perpetrator to his female companion, domestic violence can also be between many different relationships, including:

Parents to children
People who own a home together
Carers and their patients – or people speaking on behalf of the patient
Relatives (for example, siblings who live together)
Guardians
Relative by birth, but not by law
Spouses, i.e through marriage or through de facto etc.

What happens during a domestic violence hearing?

Before attending a hearing, hire a domestic family violence lawyer to defend you, as they are experienced in talking in court and are well equipped with the law.

During a hearing, if the defendant does not want to comply with the intervention order, then they must speak to defend themselves in order to potentially get the case dismissed.

How do you get a judge to rule in your favour?

For either the defendant or the applicant/aggrieved family member to get ruled in favour of, the best way is with evidence.

Evidence may include:

Your own testimony
A witnesses testimony
A statement from the police
A statement from the DHHS, child services, or another authoritative body
Photographs or videos
Written evidence
Evidence online, i.e. screenshots

If you are the defendant and you don’t agree with the order, you may have to prove that the intervention order harms you more than it does the other parties without it.

Do domestic violence cases get dismissed?

If evidence works in the defendant’s favour, the case may be dismissed.

It’s also more likely to be dismissed if the defendant doesn’t have any previous offences, especially for similar crimes.

It’s also beneficial for the defendant to come on time to every hearing and to have a lawyer present with them.

What happens if you don’t show up to a domestic violence hearing?

If you are the defendant, it may not help your case if you do not attend and do not wish to comply with the order.

If you do not attend an intervention order hearing, an intervention order may still be put in place by the court.

What happens if you breach an IVO?

If the judge approves the intervention order and the defendant breaks it, especially for domestic violence cases, then serious penalties may apply, such as at least one of the following:

Jail time
The addition of the breach on the defendant’s criminal record
A large fine
A good behaviour bond or other penalty
An extension of the intervention order

If you are the respondent following the intervention order and you breach it by accident or on purpose, you should contact a criminal defence lawyer like James Dowsley and Associates for legal advice.

You can also get free legal advice from Victoria Legal Aid on the matter of breaking an intervention order, before you speak to a criminal lawyer.

If you requested the intervention order, and you find the defendant to have broken it or you suspect they have, you should contact the police immediately.