An intervention order is a court order made by a Magistrate for the protection of the protected person(s) listed on the order by placing restrictions and limitations on the behaviour of another person.
The two types of intervention orders that can be applied for are a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO).
A FVIO can be made where there is a family relationship or a person is or has been involved in a relationship.
The purposes of a FVIO are to ensure the safety of the affected family member (AFM), to preserve any property of the AFM or to protect a child who has been subjected to family violence by the respondent.
The definition of family violence includes:
Family violence can also include behaviour that causes a family member fear for the safety of:
The law also covers circumstances where a child hears, sees or is around family violence, which may include situations where the child:
Generally, FVIOs will prohibit or restrict a person (the respondent) from committing family violence against the protected person(s), behaving offensively towards the protected person, approaching (or going near) a protected person, attending at premises where an protected person lives, works or frequents, being at a particular location, following the protected person, contacting or communicating with the protected person, damaging property owned by the protected person or arranging for another person to do what the respondent is not allowed to do as stated in the order.
A Personal Safety Intervention Order (PSIO) can be made by a Magistrate to protect an individual from physical or mental harm caused by a person who is not a family member (e.g. a neighbour).
A PSIO can be made if the respondent has done, or is alleged to have, committed any of the following against the affected person:
The order will impose conditions on how the respondent can behave towards the affected person.
If you are respondent in an intervention order application, it is important to speak with a lawyer at the earliest opportunity to seek advice regarding your options.
Generally, there are a number of options for responding to an application that has been made against you. These include:
A breach of intervention order is a criminal offence, which means you can be arrested and charged by police. If a court finds a respondent guilty of breaching an intervention order they can impose the following penalties:
If you are looking for legal assistance with applying for an intervention order, or objecting to an application that has been made against you, YourLawyer can assist you. We have a dedicated team of lawyers who have experience assisting with intervention order matters.