An interim intervention order is a temporary court order designed to protect a person from immediate harm, harassment, or violence.
If you are experiencing threats, stalking, or abuse, you can apply for an interim order to ensure your safety while waiting for a final decision from the court.
These orders are commonly issued in family violence and personal safety matters and can impose strict conditions on the respondent, such as prohibiting contact or approaching you.
What Is an Interim Intervention Order?
An interim intervention order is a short-term protective order issued by a court when there is an immediate risk to your safety or wellbeing. It is different from a final intervention order, as it remains in effect until the court makes a final determination. The order can be applied for by:
- You (the affected person or protected person)
- A police officer on your behalf
- A concerned family member or another party in certain circumstances
The court decides whether to grant an interim order based on the urgency of the situation and whether there is a risk of harm if protection is delayed.
Key Takeaway: If you are in immediate danger, an interim intervention order can provide urgent legal protection while your case is being assessed.
How to Apply for an Interim Intervention Order
Applying Through the Magistrates’ Court
You can apply for an interim intervention order at your local Magistrates’ Court. The application process usually involves:
- Filling out an application form – This includes details about the person you need protection from and the reasons for seeking the order.
- Providing supporting evidence – Statements, text messages, emails, medical reports, or police reports may support your claim.
- Attending a court hearing – The magistrate will review your application and may grant an interim order if there is an immediate risk.
Applying Through the Police
If police are called to a family violence or safety-related incident, they can apply for an interim intervention order on your behalf. Police may seek a family violence safety notice or a temporary protection order, depending on the situation.
Key Takeaway: You can apply for an interim intervention order at a Magistrates’ Court, or police can request one on your behalf if they believe you are at risk.
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Conditions of an Interim Intervention Order
Once an interim order is issued, it can include various conditions to restrict the respondent’s behaviour, such as:
- No contact – The respondent may be prohibited from calling, texting, or communicating with you in any way.
- Stay-away conditions – The order may require the respondent to stay a certain distance from your home, workplace, or school.
- No threats or harassment – The respondent must not intimidate, harass, or behave in a way that makes you feel unsafe.
- Removal from the home – In family violence matters the respondent may be ordered to leave the shared residence.
Breaking any of these conditions is considered a criminal offence and can lead to serious legal consequences for the respondent.
Key Takeaway: An interim intervention order sets strict conditions on the respondent to protect your safety and wellbeing.
How Long Does an Interim Intervention Order Last?
An interim order remains in place until the final hearing or until the court decides it is no longer necessary. This could be:
- A few weeks – If the court can schedule a final hearing quickly.
- Several months – If the case is complex or delayed.
- Indefinite – If the court believes ongoing protection is necessary.
If you need to extend or change the order, you can apply for a variation at the Magistrates’ Court.
Key Takeaway: An interim intervention order lasts until the court makes a final decision, which may take weeks or months.
What to Do If You Need Immediate Help
If you are in immediate danger, call 000 for police assistance. If you need legal or support services, you can contact:
- Legal Aid – For free legal advice and representation.
- Crisis Support Services – Such as 1800RESPECT for domestic violence support.
- Local Courts – To apply for an order or get more information.
An interim intervention order can provide immediate legal protection if you are facing threats, violence, or harassment. Understanding the process, your rights, and available support can help you navigate this situation effectively.