The purpose of an intervention order is to impose restrictions on the behaviour of the respondent (the person who is the subject of the order) to protect the applicant (the person seeking protection) and any affected family members (AFM) of the applicant, which could include children of a relationship between the applicant the respondent.
The order can impose various conditions, including prohibiting contact between the applicant (the AFM) and the respondent, exclusion from the family home, prohibiting the respondent from being in the location of where the applicant and AFM reside, work or attend daycare/kindergarten/school, or ordering the respondent to stay a specific distance away from the applicant and the AFM.
Types of Family Violence Intervention Orders
There are typically two main types of family violence intervention orders: interim intervention orders and final intervention orders.
- Interim Intervention Orders: These are temporary orders made by the court before a final decision is reached. They are usually issued when there is an immediate need for protection, and the court needs to act quickly to prevent harm. Interim orders can be made without the other party being aware the application for an intervention order has been made. Interim orders usually last until a final order is made, or the application is heard and determined on a final basis.
- Final Intervention Orders: These are long-term orders issued by the court by consent of the parties or after a full hearing. They remain in place for a longer period, often up to a year or more, and may be extended if necessary. The conditions of the final order can be more detailed and may last indefinitely if the court deems it necessary for the protection of the applicant.
Who can apply for an Intervention Order?
In most jurisdictions, anyone above the age of 18 years who feels at risk of harm from another person can apply for an intervention order for themselves, or on behalf of a minor. This includes:
- Individuals who are being abused or harassed: Victims of domestic and family violence, stalking, or other forms of abuse can apply for an intervention order to seek protection.
- Parents or guardians on behalf of children: A parent or guardian can apply for an intervention order on behalf of a child if they believe the child is at risk of harm.
- Police officers: In certain situations, law enforcement officers can apply for an intervention order on behalf of a person who is at risk.
How to write an Intervention Order application
Preparing an intervention order application is a serious legal matter, and it's essential to provide clear and detailed information to help the court understand why protection is needed. An application for intervention order can be completed online and will usually include an appointment with your local Magistrates Court.
1. Understand the legal requirements
Before writing an application for an intervention order, it is important to understand the legal requirements in your jurisdiction. This may involve researching local laws, or seeking legal advice or assistance from a lawyer, community legal centre, or support service.
2. Complete the application form
The first step in applying for an intervention order is to complete an application form online. The application form will require you to provide:
- Personal details: This includes your name, address, and contact information as the applicant. If you are applying on behalf of a child or another person, this should be clearly stated.
- Details of the respondent: You will need to provide the name and contact details of the person you are seeking protection from (the respondent). If you do not know the respondent’s whereabouts or contact information, you may need to explain this.
- Details of the incident(s): You will need to provide a detailed account of the events or behaviour that led you to seek an intervention order. This includes describing the threats, harassment, or abuse you have experienced. Be as specific as possible, including dates, times, and any evidence you may have, such as photos, text messages, or witnesses.
3. Describe the need for protection
In your application, you will need to explain why you believe an intervention order is necessary. The court will want to understand the nature of the risk you face and how the respondent’s actions have made you feel unsafe. You may need to provide:
- A description of the harm or threat: Explain how the respondent’s actions have caused you fear or anxiety. This could include physical harm, emotional distress, stalking, or threats.
- Evidence of prior incidents: If there is a history of violence or harassment, provide a summary of prior incidents, including any police reports, hospital records, or other documentation that supports your claim.
- The need for specific conditions: If you believe that particular conditions (e.g., no contact or a stay-away order) are necessary, explain why.
4. Include supporting evidence
Support your application with any available evidence. This could include:
- Police reports: If you have contacted the police about previous incidents, include copies of reports or evidence that the police have been involved.
- Witness statements: If there are witnesses to any incidents of abuse or harassment, include their statements or contact details.
- Text messages, emails, or voicemails: Any correspondence from the respondent that demonstrates harassment or threats.
- Medical or psychological reports: If you have been physically harmed or have sought counselling, these documents can help demonstrate the impact of the respondent’s behaviour.
5. File the application
Once the application is complete, you will need to file it with the relevant court or legal body online. Once the Court has received your application, they will contact you to discuss next steps, including if you are required to attend Court to speak with a Magistrate about your application on an interim basis, prior to the respondent being served. At this hearing (which is often referred to as an ex-parte hearing) you may be successful in obtaining an interim intervention order against the respondent without the respondent’s knowledge or consent.
6. Attend the Hearing
Police will serve the respondent with your application (and if made on an ex-parte basis, your interim order). Once this has been done you and the respondent will be required to attend Court at which time you will present your case, and the respondent will have the opportunity to respond. Each Court event is an opportunity to negotiate with the respondent and resolve the matter by consent. If agreement as to the terms of the intervention order cannot be reached, the Court will case manage the matter procedurally, to prepare it for trial.
7. Follow Up
After the court has made its decision and provided you are successful in obtaining an order on an interim or final basis, it is important to maintain detailed records of any breaches of the intervention order. If the respondent breaches the terms of the order, contact the police and report the breach. Keep a copy of the order with you and notify any relevant parties (such as your workplace or family members) about the terms of the order.
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Summary
An intervention order is a vital legal tool designed to protect individuals from harm or abuse. Writing an application for an intervention order requires careful attention to detail and a clear presentation of the facts. By following the appropriate steps and seeking legal advice when necessary, individuals can take steps to protect themselves and ensure their safety from harmful behaviour.
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