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 criminal lawyer depending on your situation and stance.
Call our criminal lawyers in Frankston for advice on what you should do and to 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)
- 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.
Need assistance from a criminal lawyer?
James Dowsley and Associates are criminal lawyers in Melbourne who deliver the full attention and commitment your case demands.
So if you’re looking for legal services from an IVO lawyer in Melbournee or are required at a hearing, then contact us today; we are available 24/7.
We have four criminal law firms across Melbourne:
- Melbourne CBD – (03) 8602 1400
- Frankston – (03) 9781 4900
- Moorabbin – (03) 9555 4442
- Dandenong – (03) 8788 5600
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