An intervention order is granted to defend an individual by placing restrictions on the behaviour of another individual. Intervention orders can be obtained with regard to several instances such as protection from sexual assault, harassment, physical assault, property damage or intrusion with property, serious threats or stalking.
You can obtain a “family intervention order” against a family member or a person you have been in a relationship with or a “personal safety intervention order” where you can ask for an intervention order against a person who is not a family member.
Here Are Some Common Words Used in The Order
The person who applies for the intervention order on their own behalf or on behalf of another person is called the “applicant” while the person who the order is made against is the “respondent”. The affected family member or an affected individual is called the “protected person” in an intervention order.
When Can You Obtain an Intervention Order?
The court must believe three factors in order to make an intervention order. First is that certain conduct has been passedby the defendant to the affected individual or affected family member. Second is that such conduct is likely to occur again and the third is that the intervention order is needed to protect the safety of the affected family member or affected person.
Is It Possible to Get an Intervention Order Right Away?
The court may sometimes issue an immediate temporary order called an interim intervention order if the court is satisfied that ensuring the safety of the affected person is necessary. Another hearing will be followed on a later date to decide whether a final order is required to be made. An interim order normally lasts until the final hearing of the application.
How to Get an Intervention Order?
You have to first telephone the near Magistrates’ Court or Children’s Court to make an appointment with the registrar. Then you will be given an application to fill in and then have an interview with the registrar.
He will ask you about what happened and why you need the order and inform you about the ways to get legal advice. If you are looking for an intervention order lawyer Melbourne will have good lawyers that can help your case. If the police are involved, they may make an application for an intervention order on your behalf.
How Long Does an Order Last?
The court may make an intervention order for any length of time that the court thinks appropriate. The court can consider extending the order when it is about to expire upon your request and after another hearing in the Magistrates’ Court.
Breaking the Intervention Order
This is a criminal fault. The one breaching may be charged by the police and a penalty may be charged if such person is found guilty by the court.
Follow the advices of the registrar and hire a good lawyer to represent you in courts. Hope the information above helped you to get an overall idea about an intervention order.