What Is an Intervention Order: 4 Helpful Answers to Frequently Asked Questions
An intervention order serves as a legal measure to protect individuals from threats or acts of harm, ensuring their safety and well-being.
Often referred to as restraining orders or apprehended violence orders (AVOs) in some states in Australia, an intervention order is a court order that restricts a person’s behaviour towards another individual.
This article aims to shed light on what is an intervention order, discussing when they can be made, the application process, and the consequences of ignoring such orders.
1. What is an Intervention Order?
A court may issue an intervention order, a legally binding document, to safeguard people from another person’s violence, harassment, or intimidation.
The order outlines specific conditions that the respondent (the person the order is directed against) must adhere to, including staying away from the applicant, refraining from contact, or prohibiting certain behaviours.
Maintaining the safety of individuals who fear for their physical or emotional well-being is essential.
2. When can an Intervention Order be Made?
An intervention order can be sought in various situations, mainly when a person feels threatened, harassed, or unsafe due to the actions of another individual.
These situations often involve domestic violence, family disputes, stalking, verbal abuse, or other acts that cause fear and distress to the applicant.
In Australia, the laws surrounding intervention orders may differ slightly from state to state, but the common grounds for obtaining one include:
a. Domestic Violence: When there is an existing or former domestic relationship, such as partners, spouses, family members, or people living together.
b. Personal Safety: When a person fears for their safety due to another person’s behaviour, even if there is no domestic relationship.
c. Children’s Safety: When a child is at risk of harm due to a person’s actions, an intervention order can be sought to protect the child.
3. How can I Apply for an Intervention Order?
Applying for an intervention order involves a legal process, and it is crucial to follow the correct steps to ensure its effectiveness.
There are two ways to get an intervention order.
One is if the police apply for the intervention order on your behalf. This means they are the applicant in the IVO and will ask the court to make a restraining order for the protection of a person.
The second is if you apply for an intervention order by yourself to the court.
The procedure may vary slightly across different states in Australia, but the general steps typically include the following:
a. Seek Legal Advice: Before proceeding with an application, it is advisable to seek legal counsel to understand the specific requirements and gather evidence supporting the need for the order.
b. Lodge an Application: Submit the necessary paperwork to the local court, outlining the details of the situation and why an intervention order is required.
c. Court Hearing: A court hearing will be scheduled, during which the applicant presents their case, and the respondent has an opportunity to respond.
d. Interim Order: In urgent situations, the court may issue an interim order to provide immediate protection until the final order is determined.
e. Final Order: If the court decides there is enough evidence to support the application, it will issue a final intervention order outlining the requirements for the respondent to follow.
4. What if the Intervention Order is Ignored?
If the respondent violates the conditions outlined in the order, the applicant should take appropriate action to protect themselves and report the breach to the police.
The consequences for breaching an intervention order may include fines, imprisonment, or other legal penalties, depending on the severity of the violation.
Helping You Get The Protection You Need: What Is an Intervention Order
Riley recently ended her de facto relationship with Bruce due to his abusive behaviour. She reached out to us and sought legal assistance.
Recognising the situation’s urgency, we immediately scheduled a confidential meeting to discuss her concerns. We explained what is an intervention order, and assessed the need for an intervention order.
We provided her with comprehensive information about intervention orders, explaining the legal process and the steps involved.
Next, we prepared and lodged the intervention order application on Riley’s behalf, ensuring it was accurate and compelling.
We attended the court hearing with her, providing support and representing her interests professionally.
When the court granted the intervention order, we explained its terms while emphasising the consequences of breaching it.
Always Seek Legal Intervention
What is an intervention order? In Australia, an intervention order is crucial to safeguarding individuals from harm and harassment.
Ignoring an intervention order can lead to severe consequences for the respondent, underscoring the significance of adhering to its terms.
Suppose you find yourself in a situation where an intervention order is necessary; seeking legal advice and support is essential to ensure your safety and well-being.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
