Protection Order Inquiry
The individual is seeking advice on obtaining a protective order in Victoria against their partner's former spouse. They are feeling threatened by the hostile text messages sent to their partner by the former spouse. The individual is concerned for their personal safety and wellbeing because of these incidents. Guidance is needed on the legal process for serving a protective order. Additional details are being gathered to offer more precise assistance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for a protective order against my partner's former spouse?
In Victoria, you may be eligible to apply for an Intervention Order (IVO), which serves a similar function to a protective order, if you feel threatened or intimidated by your partner's former spouse. To obtain an IVO, you need to prove that their behavior is causing you distress and that you fear for your safety. The application can be filed through a local Magistrates' Court. It's important to keep a record of any incidents of intimidation, such as the hostile text messages, as this may support your application. Consulting with a solicitor could help clarify your legal options and possible outcomes.
What evidence do I need to provide to get a protective order in Victoria?
To secure a protective order in Victoria, you must present evidence indicating reasonable grounds to fear for your safety due to the conduct of the person from whom you're seeking protection. This may include:
- Document Evidence: Text messages or other communications demonstrating intimidation or harassment.
- Witness Statements: Testimonies from individuals who have witnessed the behavior or its impacts.
- Your Testimony: Your account of events and how they have affected you.
- Medical Reports: Any documentation indicating physical or psychological harm, if applicable.
Providing clear and convincing evidence is vital.
How is a protective order served in Victoria, and who takes care of this?
In Victoria, upon filing an application for a protective order, the court typically arranges for the order to be served. The police are usually responsible for serving the order, particularly in domestic violence cases. They will personally deliver the order to the person named in the order. Proper service is important as it formally informs them of the order's conditions and any court proceedings. If police are not involved, a licensed process server or someone over 18, who is not connected to the case, can also serve the order.
What happens if the person breaches the protective order?
If the individual breaches a protective order in Victoria, they may face substantial legal consequences. Breaching an order is a criminal offense and could result in penalties like fines or imprisonment. The maximum penalty for a breach can be up to two years of imprisonment, depending on the severity of the breach. Additionally, the court may impose further protective measures to ensure your safety. It's crucial to report any breaches to the police immediately.
Are there any costs linked to applying for a protective order, and what might they be?
In Victoria, there are generally no costs associated with applying for a Family Violence Intervention Order (the local equivalent of a protective order) through the Magistrates' Court, as there are no filing fees. However, if you choose to hire a private solicitor, you may incur legal fees. Legal aid may be available if you meet the financial criteria. If the application is disputed, additional expenses may arise for legal representation.
