How Long Does an Intervention Order Last in Australia: 5-Point Helpful Guide

How Long Does an Intervention Order Last

How long does an intervention order last in Australia? The duration of an intervention order can vary, but most Final Orders typically last for a period of 12 months.

The court has the discretion to extend this duration based on the case’s severity and the risk level of the protected person.

Interim Orders, however, remain in effect until the application is finalised or withdrawn.

What Determines the Duration?

The duration of an intervention order is primarily determined by the court, specifically the magistrate presiding over the case.

While Interim Orders are temporary and last until the application is finalised, Final Orders usually have a set period.

Most commonly, these last for 12 months. However, this isn’t set in stone.

Factors Influencing Duration

The court considers several factors when determining the duration of a Final Order. These include the severity of the allegations, the level of risk posed by the respondent, and the views of the protected person.

The court aims to strike a balance between ensuring safety and not unduly restricting the respondent.

No Expiry Date?

In some cases, if the magistrate does not specify an expiry date, the Final Order continues indefinitely. It will only end if it’s revoked by a magistrate or set aside on appeal.

🔑 Key Takeaway: The duration of an intervention order is not one-size-fits-all. It’s tailored to the specifics of each case, and in some instances, it can be indefinite.

Extending or Revoking an Order

The Process of Extension

If you are the protected person and feel that the risk or threat hasn’t subsided, you can apply for an extension of the intervention order. It’s crucial to lodge this application before the existing order expires.

Failing to do so means you’ll have to start from scratch with a new application.

Grounds for Revocation

Revoking an order isn’t a walk in the park. Either the respondent or the protected person can apply for this, but the court will scrutinise the application meticulously.

Factors considered include the safety of the protected person, the reasons for seeking revocation, and whether the protected person is receiving independent legal advice.

Legal Hurdles

If either party opposes the application for revocation, the existing order remains in place, and the matter will be considered at a contested hearing. This more involved legal process may require presenting evidence and legal arguments.

🔑 Key Takeaway: Extending or revoking an intervention order is a legal maze that requires careful navigation. Always consult a legal professional to guide you through it.

Types of Intervention Orders

In Australia, particularly in Victoria, there are mainly two types of intervention orders: Family Violence Intervention Orders and Personal Safety Intervention Orders. The former usually involves people in a relationship or related to each other, while the latter is for those who are not related.

🔑 Key Takeaway: Knowing the type of intervention order applicable to your situation is the first step in the process.

How Do Intervention Orders Work?

Intervention orders are civil orders issued by the court. They come in two stages: Interim Orders and Final Orders. An Interim Order remains in place until the application is finalised. Final Orders are the concluding stage and will remain in place until varied, revoked, or expire.

🔑 Key Takeaway: The two-stage process ensures immediate protection and long-term safety.

Enforcement and Penalties

Breaching the conditions of an intervention order is a criminal offence. Penalties can range from fines to imprisonment, depending on the severity of the breach.

🔑 Key Takeaway: Breaching an intervention order is a serious offence with legal consequences.

Consult With Legal Professionals

Understanding the duration and workings of an intervention order is essential for ensuring personal safety. Always consult with legal professionals for advice tailored to your specific circumstances.

🔑 Key Takeaway: Legal advice is invaluable when dealing with intervention orders.

Hayder Shkara

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.