EAS Legal recently represented a father at the Dandenong Magistrates’ Court in relation to a police-initiated Family Violence Intervention Order application, where our client was named as the Respondent.
Victoria Police sought an Interim Intervention Order against our client while the substantive application remained before the Court.
Our client opposed the making of an interim order. Following detailed preparation, our Intervention Order team appeared on his behalf and made robust submissions addressing the allegations, the circumstances of the application and whether the legal basis existed for an interim order to be imposed.
Following those submissions, the Court refused to make an Interim Intervention Order against our client.
This was a significant result at an early stage of the proceedings. Following the Court’s decision, Victoria Police reconsidered their position in relation to the substantive application and subsequently withdrew from the proceedings.
As a consequence, the entire Intervention Order application was ultimately struck out, bringing the proceedings against our client to an end without an Intervention Order being made.
The outcome demonstrates the importance of obtaining experienced legal advice from the outset of Intervention Order proceedings. The fact that an application has been brought by Victoria Police does not mean that an Interim or Final Intervention Order will automatically be made. Where appropriate, the basis for an application can be challenged and tested before the Court.
At EAS Legal, our Intervention Order lawyers regularly act for Respondents and Applicants in complex Family Violence Intervention Order proceedings across Victoria.
