There are family violence intervention orders and personal safety intervention orders.
A magistrate can use one of two types of intervention orders:
- An interim intervention order
- A final intervention order
Interim intervention orders
These orders are short-term and are used for a period of time before a magistrate can make a decision after hearing all the evidence. Conditions apply that must be obeyed, and if they are disobeyed, the person can be charged with a criminal offence.
A magistrate can make a short-term interim order if they believe someone needs protecting/is not safe, but time needs to be taken to determine whether a final order should be taken for longer-term protection. The interim order can be made without the respondent being in court, or even knowing about it. An interim order is usually applicable until the first hearing, where the magistrate will rule further.
Final intervention orders
These are longer-term, and are used when a magistrate believes someone needs protection. Conditions apply that must be obeyed, and if they are disobeyed, the person can be charged with a criminal offence. If a respondent has used family violence, assaulted, sexually assaulted, harassed, stalked or threatened a person, or damaged or interfered with someone’s property, and is likely to do so again, a magistrate can make a final order.
A final order can also be made if both sides agree to the order being made, and the respondent has not opposed the order (i.e. didn’t turn up at the hearing).
If living with an intervention order is too difficult
Sometimes an intervention order can be very difficult to live with. A protected family member or a respondent can apply to have the conditions of the order changed.
If you have a case involving an intervention order, Vanessa Ash can help.
Write your own story. Call Vanessa Ash and Associates today.