Intervention Orders
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Intervention Orders Overview

Intervention orders, also known as restraining orders or protection orders, are legal instruments designed to protect individuals from violence, threats, or harassment.

What is an intervention order?

An intervention order is a court order that aims to protect a person from physical, emotional, or psychological harm caused by another individual. It imposes specific conditions or restrictions on the respondent (the person against whom the order is sought) to ensure the safety and well-being of the applicant (the person seeking protection). Interventions orders can be categorised into two main types: Family Violence Intervention Orders and Personal Safety Intervention Orders. Family Violence Intervention Orders primarily deal with domestic or family-related violence, while Personal Safety Intervention Orders cover non-family-related situations, such as stalking, harassment, or threats.

Applying for an intervention order

To obtain an intervention order, the applicant needs to make an application to the relevant court or police station. The application process typically involves completing a form, providing evidence of the alleged violence or threat, and attending court hearings if required. It is essential to seek legal advice and support during this process. Intervention orders can be issued for a specific duration, ranging from weeks to several years, depending on the circumstances and severity of the threat. The order may include conditions such as prohibiting contact, maintaining a certain distance, or prohibiting the respondent from possessing firearms or approaching specific locations.

Breaching an intervention order is a serious offense. If the respondent fails to comply with the conditions outlined in the order, it can lead to legal consequences, including criminal charges. It is crucial for both parties to fully understand the terms of the order and strictly adhere to them.
If circumstances change, either the applicant or the respondent can apply to the court to vary or revoke the intervention order. The court will consider the evidence presented and assess whether modifying or terminating the order is appropriate and in the best interest of the parties involved.

Contact us today to schedule a consultation and take the first step towards understanding intervention orders.

FAQs

Who can apply for an intervention order?
Any person who believes they are at risk of harm from another individual can apply for an intervention order. This includes victims of domestic violence, stalking, harassment, or threats, regardless of their gender or relationship to the respondent.
How do I apply for an intervention order?

To apply for an intervention order, you need to complete an application form and lodge it with the relevant court or police station. The form requires you to provide details about the alleged violence or threat and any supporting evidence you may have. It is advisable to seek legal advice or assistance during the application process.

What happens if the respondent breaches the intervention order?
Breaching an intervention order is a serious offense and can result in legal consequences for the respondent. It is important to report any breaches to the police immediately. The court may take further action against the respondent, such as imposing penalties or modifying the conditions of the order.

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.

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