INTERVENTION ORDER FAQ
Below are some of the more common criminal law FAQ that we get asked. If you have a question that is not listed give us a call or send us a message and we’ll be in touch with the answer shortly.
Are Intervention orders (IVOs), apprehended violence orders (AVOs), and restraining orders the same things?
Will an intervention order result in a criminal record?
No. Having an intervention order made against you will not cause you to have a criminal record.
However, breach of an intervention order is a criminal offence. If you are charged with and found guilty of breaching an intervention order you will have a criminal record.
Are intervention orders (IVOs), apprehended violence orders (AVOs), and restraining orders the same things?
Yes. In Victoria we use the term ‘intervention order. Other states and territories use different wording to describe intervention orders but they refer to the same type of order.
Can an intervention order protect more than one person?
You may include your children on your own application for an intervention order.
Adults must make separate applications. Although, related applications will typically be heard together.
How much does an intervention order cost?
The courts do not charge any fee to apply for or contest an intervention orders. However, if you are legally represented you will need to pay the fees charged by your solicitor.
If you successfully contest the making of an intervention order you may apply the Court for an order directing that the Applicant pay the legal fees you incurred by defending the application. An award of costs is not an automatic right and is, in fact, rarely ordered in intervention order matters. This is something you should discuss with your solicitor.
Do I qualify for legal aid funding?
Victoria Legal Aid has recently tightened the eligibility requirements for a range of matters.
To be eligible for Legal Aid funding for an intervention order matter you will usually need to be receiving a Centrelink benefit and satisfy the relevant ‘merit’ test.
Merit test – Applicants for intervention order
To satisfy the merit test as an applicant for an intervention order you must satisfy the all following conditions:
- You are aged 18 years or older;
- Your matter is listed for a contested hearing; and
- Your application is more likely than not to succeed (this is a determination made by the lawyer assessing your application for funding).
Many applications for a family violence intervention order are supported by a police officer. Legal Aid funding is rarely available for these applications as it is expected that the police will assist you at court.
Merit test – Respondents for intervention order
To satisfy the merit test as a respondent in an intervention order proceeding you must be more likely than not to succeed in contesting the making of the order sought against you (this is a determination made by the lawyer assessing your application for funding) You must also satisfy at least one of the following conditions:
- You are aged under 18 years; or
- You are in custody as a result of the alleged family violence; or
- The intervention order sought against you would deprive you of an important right (for example, it would exclude you from your home).
However, eligibility for Legal Aid funding is ultimately assessed on a case-by-case basis.
We do not represent clients in legally aided intervention order matters. If you would like to discuss your eligibility for Legal Aid funding you should call legal aid directly on 1300 792 387 between 8.45 am to 5.15 pm Mon-Fri.
If you are not eligible for Legal Aid funding our lawyers can represent you at an affordable rate so as to ensure that you do not have to go to court unrepresented.
If you have a question that is not listed click here to send your question to our office. One of our lawyers will be in touch shortly.