Our experienced business advice lawyers can help you choose the best structure for your business both now and in the future.
What is a family violence intervention order?
A family violence intervention order is also called an FVIO, an intervention order, an IVO or a restraining order. It protects you and your children from a member of your family who may behave in a way that is violent, abusive or threatening. The family member who is inflicting family violence could be a partner, parent, child or other close relative. If they breach an intervention order they can be arrested immediately.
There are special rules that allow you to apply for a family violence intervention order quickly if you need. Our family lawyers can guide you on the best way to do this to protect yourself and your family.
When should a family violence intervention order be sought?
You can apply for an intervention order in Victoria if a family member has been or has threatened to be violent towards you. You can also apply for an FVIO if you feel scared or unsafe. Under the law this is called family violence.
Family violence includes:
- Hitting you;
- Pushing you;
- Threatening to hurt you;
- Forcing you to have sex with them;
- Calling you names;
- Making it difficult for you to access money;
- Controlling who you see; and
- Making you do something or preventing you from doing something.
What are intervention order conditions?
Family violence intervention orders in Victoria have conditions attached to them. These conditions list out what someone can or can’t do if there is an FVIO against them. Intervention order conditions can include preventing them from:
Coming within 200 metres of you or your children;
Coming within 200 metres of your home, workplace, school or childcare centre;
Doing any acts of violence against you;
Calling, emailing, texting or contacting you in any way;
Physically damaging your property or house;
Trying to find or follow you;
Publishing anything on the internet or via social media about you; or
Getting anyone else to do any of the things they’re not allowed to do under the intervention order.
What should I do if I need an intervention order immediately?
If you believe you need protection now, please don’t wait. You can go to the police in Melbourne or Ballarat and ask them to apply for an interim intervention order for you. If you’ve called 000 or the police already, they can issue a family violence intervention order on the spot when they see you if they believe you are in immediate threat.
Once you have an interim intervention order in place, you can call the Magistrates Court directly to make an appointment to apply for an FVIO. Our family lawyers can also help you apply for an intervention order that lasts longer, usually up to 12 months.
Contesting an intervention order
You can contest an intervention order that is against you by going to court. You will need to be able to show the court that your family member cannot prove that you have been or are likely to be violent against them. This can be difficult to prove but it’s not impossible.
If there is an intervention order in Victoria against you in place, you still need to follow it until you are successful in winning a contested intervention order. If you don’t, you can still be charged with breaching an intervention order.
Our family lawyers can help you put together your defence and represent you in court when you contest an intervention order.
MNG Lawyers can help you navigate family violence intervention orders
Our family lawyers in Melbourne and Ballarat have over 20 years experience helping people just like you. They understand how emotional and stressful an experience family violence situations can be and take the time to listen to you, explain what your rights are in plain English and outline your options. They can apply for an intervention order or contest one that has been put in place against you. Our lawyers can represent you in court and help you get a fair hearing.
Frequently Asked Questions
Yes, you can change your business structure if you find it no longer meets your needs. Depending on the complexity of your business and the structure you have and want to change to, changing how it’s structured can be relatively simple or may be quite costly.
While it’s not always essential that you have an agreement, for some business structures we recommend that you do have an agreement. For example, a partnership agreement would set out the rights and responsibilities of the partners. Similarly, a shareholders agreement sets out the obligations and rights of shareholders in a company. If you’re establishing a trust, you will need a trust deed to be drawn up.
Some business structures do require specific legal registrations. For example, a sole trader doesn’t have to register their business but a company must be registered with the Australian Securities and Investment Commission (ASIC). Regardless, if you have a business name that you use publicly it may be worthwhile registering your business name.