A family violence intervention order or personal safety intervention order starts when it is given to the respondent at court or is served by the police. It lasts for the time stated on the order. If the order ends, a new one can be applied for.
The beginning of an interim or final intervention order
If the respondent was at the court hearing when a magistrate made a final order or extended an interim order, the order will be hand-delivered by court staff after the hearing. The order begins once the final order is handed to the respondent.
If the respondent wasn’t at the court hearing, the police are responsible for serving (handing over) the order. This can be done in person, or by phone, fax, email, or by leaving the order at the person’s house.
What happens if the respondent can’t be located?
If the police can’t find a respondent, they can ask a magistrate for what’s known as a substituted service – that is, where the magistrate orders that the intervention order can be served on someone else, like a family member, boss, or another associate.
This is a special circumstance, and will only be agreed to if the respondent can’t be served personally, and the intervention order is likely to be passed on to the respondent by this other person.
It’s important for everyone to be aware of when intervention orders begin and end. This is a phone call away at a police station or court.
When an intervention order finishes
Interim orders last until a magistrate makes a final decision, but they are under no obligation to make their decision one way or the other. They can decide to extend it if they feel it is warranted. They may also cancel it or set it aside on appeal.
If you have a case involving an intervention order, Vanessa Ash can help.
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