An intervention order is a legal tool used to protect people from harm. These orders can be made in both domestic and non-domestic situations.
These orders can include conditions that prevent the perpetrator of family violence from attending where you live or work, contacting you or your children, prohibiting them from having a third party contact you or your children, revocation of firearms licences and require them to undergo counselling.
What is an Intervention Order?
An Intervention Order is a court order made by a magistrate to protect someone from harm, usually from another person. This can be a Family Violence Intervention Order (FVIO) against a family member or a Personal Safety Intervention Order lawyer against someone who is not a family member.
A Personal Safety Order can include conditions against mental or physical abuse, sexual abuse, financial harm, stalking and coercive control. It also includes rules to keep people safe from other things such as harassment, threats and damaging property.
It is important to know the rights and obligations you have under an Intervention Order before you apply for one. It is also important to understand the consequences of breaching an Intervention Order.
What are the Grounds for an Intervention Order?
An intervention order is a court order designed to protect you, your children and your property from someone who is using violence against you or threatening you. It is a civil matter and will not appear on your criminal record.
A Family Violence Intervention Order (Family Protection Act 2008) is an interim order until a contested hearing where the court will determine if the evidence, on the balance of probabilities, establishes family violence. If so, the Court may make a final order, for a period of time that the Court considers appropriate.
Personal Safety Intervention Orders protect you from behaviours such as financial abuse, stalking, coercive control and threats. They are similar to Family Violence Intervention Orders except that the protected person does not need to be an actual family member.
How can I apply for an Intervention Order?
If you think you may need protection from a family member or other person that you are concerned about, you can apply for an Intervention Order. There are two different types of intervention orders, family violence intervention orders (FVIO) and personal safety intervention orders (PSIO).
Both of these types of orders are civil matters which will not appear on a criminal record. However, if the respondent does not comply with the terms of the order they can be charged by the police with a criminal offence called ‘breach’.
How can I defend an Intervention Order?
An Intervention Order is an important tool for preventing family violence. It can help prevent physical and mental abuse and even financial abuse.
We will provide you with sound advice on your options for defending an Intervention Order and can assist you through the process.
The best way to defend an Intervention Order is by obtaining legal representation from an experienced lawyer. This will ensure that the matter is resolved in the shortest time possible.
An Intervention Order can restrict your movements, including where you go and what you can do. It can also prevent you from having contact with the person(s) who are the subject of the order.
What are the consequences of breaching an Intervention Order?
If you breach an Intervention Order, you may be charged with criminal offences. Breaching an Intervention Order at least three times in a 28 day period will result in a further offence of “persistently breaching an Intervention Order” which carries a maximum penalty of five years imprisonment.
Breaches of an Intervention Order can have significant consequences for you and your family. It is vital that you take the matter seriously and seek legal advice from an experienced team to help you navigate this complex area of law.
