An Intervention Order (IVO) is a legal measure to protect individuals from harassment, violence, or intimidation. However, obtaining or being subject to an IVO can have significant legal ramifications. It is vital to explore the consequences of an IVO and understand the benefits of hiring a criminal lawyer.
Restrictions on Contact and Proximity
One of the immediate consequences of an IVO is strict restrictions on the respondent’s ability to contact or approach the protected person(s). These restrictions include physical proximity, phone calls, messages, and social media interactions.
Which of these restrictions the court imposes on the respondent depends on the circumstances of the case. Often orders will provide a complete prohibition on contact with the protected person.
Other types of restrictions include:
- Limited contact: The respondent may be allowed to contact the protected person in specified ways, such as by phone or email, but only for specific purposes.
- Prohibition on approaching: The respondent may not be permitted to approach the protected person or come within a certain distance of them.
- Prohibition on attending certain places: The respondent may be banned from attending certain areas or locations where the protected person is likely to be, such as their home, workplace, or school.
It is a serious offence to breach an IVO. If the respondent breaches the conditions set, they may be charged with a crime and face imprisonment.
Custody and Access Arrangements
If you have children with the protected person, an IVO may include provisions regarding custody and access arrangements. This could limit or entirely restrict your ability to see or communicate with your children, potentially leading to emotional distress, strained family dynamics and a need for urgent court proceedings in the Family Court.
Criminal Record and Future Implications
Depending on the circumstances, a breach of an IVO can result in criminal charges. A conviction may lead to a permanent mark on your criminal record, which can affect future employment prospects, housing applications, and your ability to obtain certain licences. People with criminal records can pay higher insurance rates and be refused bank loans, making it harder to start a business.
Legal Obligations and Court Proceedings
Being subject to an IVO often involves mandatory court appearances, where you may need to defend yourself against the allegations made by the protected person. It is crucial to seek legal representation from a qualified criminal lawyer who can provide expert guidance and ensure your rights are protected throughout the process.
Psychological Impact and Counselling
The emotional toll of being subject to an IVO should not be underestimated. The stress, anxiety, and potential stigma associated with such an order can have a profound effect on mental well-being. Seeking professional counselling or therapy can be a step toward coping with these emotional challenges.
Seeking Legal Counsel
Navigating the complexities of an IVO requires professional expertise. Engaging a skilled criminal lawyer ensures that your rights are upheld and your case is presented effectively. They can provide essential guidance on legal proceedings and potential defences to explore options for resolution.
Seeking Legal Guidance for Navigating the Consequences of an IVO
Understanding the consequences of an IVO is crucial, and seeking legal advice or representation from a criminal lawyer can be the best way to get the help you need. From restrictions on contact to potential criminal charges, the impact of an IVO can be far-reaching. If you find yourself facing an IVO, it’s imperative to consult with a criminal lawyer who can guide you through the legal process and advocate for your rights.
Stary Norton Halphen is a Melbourne criminal law firm with a team of experienced criminal defence lawyers. In addition to providing expert legal advice, they ensure that every client is given a fair trial. Their expertise covers the full spectrum of criminal matters and includes family violence and intervention orders, sexual assault, homicide, drug cases, Commonwealth matters, driving offences, and children’s court cases.
