The law stipulates that police must respond to all reports of family violence. They do not get to pick and choose, and it is not at their discretion which cases they respond to or report. Anyone can call the police to report family violence. The police can act, even if nobody wants them to, if they believe someone is in danger. Children will always be protected heavily, and intervention orders can be placed by the police.
Reporting of family violence to the police
If someone feels that they are in danger, the police can be called to come and help. That is usually done via the 000 system. Anyone needing an interpreter will have one provided as quickly as possible.
In non-emergency situations, a visit or call to a local police station is the usual method of reporting family violence.
What police can do
After a report, police can search a person’s house and remove any guns. Support services may be called upon, for example emotional, financial, or legal support, including accommodation.
The police may issue a family violence safety notice, apply for an interim/final family violence intervention order, or arrest a violent person.
The police can call a magistrate’s court to apply for an interim order. It’s fast. A copy of this will be given to the protected person, and when they are served, the respondent. They will get an interim order if they believe a family member, children or property need protecting.
The application for an intervention order
The police do this, and they can even do it if nobody wants them to, if safety is in question. The respondent will be told if this is a police decision or not – any person can apply for an intervention order. A court hearing may still occur, but if the police request the intervention order, they will represent the protected person in court at the hearing, though this person will still need to attend court.
After an intervention order is made
There is a period of time between when an order or family safety notice is created, and when a person can reasonably remove themselves and their things from a premises. Police can act as escorts.
Getting legal advice
Intervention orders are civil cases, not criminal, but having legal support can be really helpful in many cases. If you are feeling lost, contact Vanessa Ash for expert legal advice.
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