Intervention orders
An intervention order (formerly known as a restraining order) is a Court Order to prohibit a person (the respondent/defendant) from committing an act of abuse on a protected person and to assist in preventing the exposure of children to the effects of domestic and non-domestic violence. An intervention order can be sought in domestic (family) situations and also in non-domestic (non-family) situations.
What abuse can an intervention order protect me from?
An act of abuse is not just limited to physical abuse but also encompasses:
- Physical injury; or
- Emotional or psychological harm; or
- An unreasonable and non-consensual denial of financial, social or personal autonomy; or
- Damage to property of the protected person in their ownership or possession or otherwise enjoyed by the person.
How do I obtain an intervention order?
An intervention order can be issued by the police on behalf of a protected person, or an individual can also apply to the Court for an intervention order. The process for a private application includes a written application to the courts, together with a supporting affidavit listing the reasons for the application.
What happens if the Court makes an Order for an intervention order?
Intervention orders include conditions which the respondent/defendant must comply with. Failure to comply with these conditions may lead to the respondent being arrested and charged with a criminal offence.
Conditions can include but are not limited to:
- Not being able to contact the protected person. This can include by phone, voice or text message, email, social media or indirectly through another person
- Not to damage the protected person’s property
- Not to attend at the protected person’s home, work, or school
- Not being able to approach within a specified distance of the protected person
However, the Magistrate has a wide discretion and orders can be made to suit your situation.
How can an intervention order be decided?
The test for the Court is whether there is reason to suspect that the defendant will, without intervention, commit an act of abuse against the protected person in the future. Recent Supreme Court decisions have also stated that the acts of abuse need not have been recent. A Court will need to balance the appropriateness of restricting a respondent’s/defendant’s freedom of movement and the welfare and personal autonomy of the protected person.
How long does an intervention order last for?
There is no expiry date to intervention orders. If the respondent/defendant or the protected person does not make an application to the Court, the intervention order will last indefinitely. The Court will fix a date (minimum period of 12 months) which thereafter the respondent/defendant may apply to the Court to vary or revoke the order. The protected person can at any time apply to the Court to vary or revoke the order.
For Applicants/protected persons
There are further orders that may be available to you other than just the intervention order. You may wish to seek advice about how to apply for an intervention order, the process and what to expect.
For Defendants
An intervention order may be coupled with criminal charges or may proceed alone. In both scenarios you may be ordered to undergo an assessment for an Abuse Prevention Program and may then be ordered to participate in that program. Failure to do so would result in a sanction from the Court.
An intervention order may affect you in many different ways that may not be as apparent on the face of it. For instance, eligibility for volunteer roles, contact with your children, in Federal Circuit and Family Court proceedings etc.
If you have been served with an interim intervention order your prompt action is necessary as there are strict time frames attached to the proceedings. It is also important to note that as soon as you have been served with an interim intervention order you must strictly comply with each condition. Failure to do so could result in criminal charges being laid.