A personal safety intervention order is a civil proceeding (not a criminal offence) made by a judge to protect a person from physical or mental harm caused by a person who is not a family member. If the person is a family member, the intervention order is called a family violence intervention order. It’s important to understand that at this stage, the matter is not criminal, there are no crimes being committed, and there is no criminal record. The courts and police, however, will see this on your record.

There are conditions that must be met regarding how the respondent (the person the order is taken out against) towards the affected person (the applicant). The respondent must obey, or a breach will be recorded and punishments are applicable. If you need help navigating your intervention order, contact Vanessa Ash for expert legal advice.

     Reasons for a personal safety intervention order

• Assault
• Sexual assault
• Harassment
• Damage to property or interference with property
• Serious threats
• Stalking (including online stalking)

     How an applicant applies for a personal safety intervention order
The affected person, the police or a parent can apply for a safety intervention order. The police can apply for these orders even if the affected person doesn’t want it. A form is filled out, then an interview with a court registrar follows.

The applicant signs the application to confirm it is correct, then they receive a copy of the summons, including the date of the court hearing. An interim order may be made until the court hearing is had, even if the respondent isn’t there.

The respondent is then informed and served, and breaking the interim order conditions is a crime.

     The respondent – how to receive an order
The police will serve copies of the summons and court hearing information to the respondent at home or to a person over age 16 who appears to live at the house.

     Options for responding to an order

• You can agree to the order being made, but disagree with the details on the application (consent without admission) (read more about consent without admission here)
• You can argue against the order – that happens in another hearing (a contested hearing)
• Offer the applicant an undertaking (a promise), but the applicant must agree
• Agree to attend mediation with the affected person (if appropriate)

     Court hearings
If you disagree with an order, get a lawyer before the contested hearing. A duty lawyer can’t help you. The magistrate will decide if you are likely to pose a continued problem for the affected person, and if that person fears for their safety.

Once the order is made, the affected person will also get a copy explaining how long the order lasts for. Both of you need to understand clearly what the order does and doesn’t cover.

You must follow the conditions made on the order, or you are setting yourself up for criminal offences and a criminal record.

Write your own story. Call Vanessa Ash and Associates today.