Need an intervention order? Or had one sought against you? Protect yourself by engaging a lawyer who knows how to fight to win.
Types of intervention orders
Where the wellbeing and safety of a person is at risk the Court can grant an intervention order to ensure the protection of that person.
If the parties involved are family members or current of former partners the Family Violence Intervention Order provisions will apply.
If the parties involved are not family members or current of former partners the Personal Violence Intervention Order provisions will apply.
The legislation applicable to both is very similar, though there are some important differences between the two that are best explained by an experienced lawyer.
An order may be sought by the protected person themself or by the police on their behalf.
Family Violence Intervention Orders
Family Violence Intervention Orders are made by the Court to protect people against family violence committed by their partner, ex-partner, or other family member. Family violence includes a wide range of abuse, whether physical, emotional, or financial.
If a child hears, sees, or is generally around circumstances of family violence they too are deemed to have suffered abuse and may be protected by an order. Children are often included in an application for an intervention order made by one parent against the other. Because family violence can have a devastating effect on a child’s wellbeing and development the Court has a discretion to include, on its own initiative, a child on an intervention order if the court considers it necessary for the child’s safety.
Although most applications are genuine, intervention order applications involving children are often used as a strategic tool by parties involved in family law proceedings. Agreeing to an intervention order or having an order made against you that includes your child will likely affect your case in related family court proceedings, and may result in you being estranged from your child for a lengthy period of time.
Family Violence Safety Notice – Police Intervention
If the police are called to an incident of alleged family violence and they believe that immediate protection of a person is required they will apply for a Family Violence Safety Notice.
A safety notice is a temporary order intended to protect the victim, any property belonging to the victim, and any child who may also have been present.
The police can only apply for a safety notice if they believe the respondent (the person against who the notice is sought) is an adult.
When investigating an allegation of family violence and applying for a safety notice the police have the power to hold the respondent until the safety notice is issued and served. Unless otherwise approved by the Court, the police can hold a person in custody for this purpose for up to 6 hours.
Once the safety notice is issued the police must serve a copy on the respondent and explain what the notice means. The notice is then filed with the Court and will require the Respondent to attend court within 5 days of the notice being issued to respond to the police application.
A family violence safety notice will include conditions that the police believe are necessary to prevent the respondent from committing family violence. These may include a requirement that a person leave their family home until the matter goes before the Court. This will mean that the respondent cannot return to or visit the family home until a Magistrate decides what will happen next.
At court each party will have the opportunity to explain why the respondent should or should not be allowed to return the family home etc. It is important that you seek immediate legal assistance in this situation.
An application for a family violence safety notice can be made even if the person who the police are seeking to protect does not want the application to be made. Whilst a person may regret involving the police after the fact, the decision to apply for the safety notice is a police decision.
If you have been served with a safety notice you should seek legal advice immediately.
Personal Safety Intervention Orders
A personal safety intervention order is made to protect an affected person from physical or mental harm caused by someone who is not a family member.
Although the process for applying for a personal safety intervention order is the same as applying for a family violence intervention order there are some important differences that are best explained by a qualified lawyer.