There are two types of Intervention Orders (IVO) in Victoria, Family Violence IVO, which relate to IVOs between family members, spouses/ex-spouses etc., and Personal Safety IVO, which relate to IVOs between others (e.g. neighbours, colleagues etc.). They’re also known as Domestic Violence Orders (DVO), Apprehended Violence Orders (AVO) or Restraining Violence Orders (RVO) in other states and territories. The purpose of IVOs are to protect a person or people from family violence, abuse or other prohibited behaviour. For example, if a spouse is experiencing family violence (which includes not only physical, but also emotional, financial and other forms of violence), then they may wish to apply for an IVO to remove their spouse from the home and to stop contacting them.
Sadly, family violence and abuse are not uncommon in today’s society. Since their inception, IVOs have played an important role in protecting those at risk of family violence or abuse. IVOs have always been intended to be a “shield” to rightly protect those at risk. They aren’t however, a substitute for parenting orders or sorting out proper parenting arrangements for the children.
Unfortunately, IVOs are regularly used as a “sword” in family law matters, particularly in acrimonious or high-conflict separations. For example, someone may apply for an IVO to stop an ex-spouse from seeing the children, even where there are no risk concerns. In today’s climate, it can potentially be quite “easy” to obtain an IVO against an ex-partner, whether rightly or wrongly. While the existence of an IVO isn’t fatal to seeking custody or time with one’s children, it usually complicates matters. It’s important therefore, to obtain legal advice about one’s rights and obligations and how to carefully navigate these situations.
Whether you need help obtaining a “shield” for yourself and the children to protect against an abusive ex-spouse, or whether you need assistance to deal with an IVO application wrongly used as a “sword” against you, our expert family lawyers have extensive experience in family violence cases and can advise you on this delicate area of law. Please contact one of our experienced family lawyers at jlok@oikosfamilylaw.com.au or on 0421 397 316 to find out more.
