Here are some commonly asked questions and answers for applying for intervention orders.
#1. Who can apply for an intervention order?
Anyone. Where there is a family relationship, anyone can apply under the Family Violence Protection Act 2008, or under the Personal Safety Intervention Orders Act 2010 if not related.
#2. How do people apply for intervention orders?
An application is made to the Registrar of the Magistrates’ Court of Victoria. At some metropolitan courts an appointment must be made, so call ahead at your nearest court to your home. Police can also assist in making intervention orders, as they are permitted to do so on the behalf of any person they deem to be at risk. Get a lawyer if you are feeling overwhelmed by the process – we can help.
#3. Is an intervention order and a restraining order and an apprehended violence order the same thing?
Yes. Each state or territory has its own terminology.
#4. Does a lawyer have to be involved in making an intervention order?
It is helpful to have a lawyer when getting involved with intervention orders, particularly if you are on the receiving end of one. It’s very important to understand the rules that apply, because breaching an intervention order can land you in prison. If you want to contest an intervention order made against you, you will not be able to present yourself in court without a lawyer.
Vanessa Ash and Associates are experts in intervention orders and can represent you in court to fight the conditions of an intervention order if you think they are unfair. We can also assist in getting witnesses, evidence, and offer the court a well-presented view of your account.
#5. Can two partners get intervention orders out against each other, or can we just use one?
No, you must make separate applications for intervention orders.
#6. What if I don’t know the full name and address of the person I want an intervention order against?
The court will need as many details as possible when making intervention orders against someone, otherwise the person may not be able to be found to be served the order, in which case it will not take effect. A person must be served the order before it can take effect. If you are having trouble, contact the court or seek the assistance of a lawyer.
#7. Does an intervention order cost money?
No. An intervention order is free, however if you hire a lawyer, there will be fees attached. Discuss this with your lawyer.
#8. I need an interpreter – will I be provided with one in court?
Every person who requires an interpreter in an Australian court is entitled to one free of charge, however to reduce delays, give the court as much notice as possible so arrangements can be made.
Call Vanessa Ash for expert advice intervention orders.