VIC Chances of Intervention Order Being Rejected?

[Zarabee]

Hello,

I have recently left an employer due to sexual harassment and workplace bullying from the owner, which caused psychological harm and suicidal attempt. I feel pretty lucky to be alive.

I have reported this to the police with evidence and they felt they had to file for an intervention order as they hold concerns for my well-being and safety and are investigating them for stalking (under Victoria's anti-bullying legislation, known as Brodie's Law) but this is ongoing.

Psychologically, I'm very weak, and although this has been documented and evidence supplied by psychiatrists and healthcare providers that its not safe he as has access to contact me, my fear is that he'll fight it or it won't get granted and he'll do something to me to intimidate me and prey on my emotional weaknesses to stop me from taking civil action for his actions (I'm currently scared to produce my evidence).

What are the odds that an intervention order isn't granted? I feel I should prepare myself for the worst.

 

[AllForHer]

Chances of an intervention order being rejected? In Victoria?

Pretty near on zero.

IVOs are civil matters, so the civil standard of proof applies - on the balance of probabilities. It's a fairly easy threshold to reach, particularly given the broad definition of what constitutes 'intimidating' behaviour.

On top of that, there are few consequences to the respondent of having an IVO against them, so the Court is at liberty to take a better-safe-than-sorry approach to IVOs. It's better to grant an IVO to protect against the chance that something might happen, than the refuse an IVO and then have something happen anyway. That's blood the Court doesn't want on its hands. The Court also doesn't want to scare off potential victims by rejecting IVO applications willy-nilly, so I'd say you have a pretty solid chance of the IVO being made.

Hope this helps.