Intervention Orders
An intervention order is a court-issued directive designed to protect individuals from family violence or personal safety threats. It restricts the behaviour of the person it’s against, known as the respondent, to prevent further abuse or harassment. These orders can be tailored to specific situations, ranging from prohibiting contact to enforcing a certain distance between the involved parties. Understanding these orders and their implications is critical for both applicants and respondents.
Types of Intervention Orders
- Family Violence Intervention Orders: These orders are specifically designed to protect individuals from family members who may pose a threat. This includes protection from a current or former partner, a relative, or any other person considered to be family-like. These orders can dictate no contact, restrict physical proximity, or set other specific conditions to ensure safety.
- Personal Safety Intervention Orders: Aimed at offering protection from non-family individuals, such as neighbours, acquaintances, or even strangers. These orders are typically used in cases where there is harassment, stalking, or threats from someone who is not a family member.
Criteria for Issuing an Order
- Evidence of Threat or Harm: The applicant must demonstrate the existence of a threat or past harm. This could be through documented instances of violence, threats, harassment, or any form of abuse.
- Likelihood of Future Harm: The court assesses the potential for future harm if the order is not granted. This involves evaluating the ongoing risk posed by the respondent to the applicant’s safety or well-being.
- Need for Protection: The applicant must establish a genuine need for legal protection based on their circumstances. This includes providing evidence or testimony that illustrates the severity of the situation and the necessity for legal intervention to ensure safety.
For expert guidance and support with intervention orders, reach out to Dandenong Family Lawyers. Our dedicated team is here to assist you during these challenging times
How Our Intervention Lawyers Can Help You
At Dandenong Family Lawyers, we offer bespoke legal services to each of our clients. Our approach is grounded in understanding your unique situation, providing empathetic yet firm legal guidance, and ensuring your voice is heard in the legal system.
Responding to Breaches of Intervention Orders by Victims
At Dandenong Family Lawyers, we offer specialised legal guidance in cases where a victim inadvertently breaches their intervention order. We understand these situations are often complex and emotionally charged, leading to unintentional violations. Our experienced legal team provides comprehensive advice on navigating the legal system in such instances. We assist in understanding the implications of a breach, which could range from legal warnings to more serious consequences, depending on the nature of the breach. Our approach includes exploring potential remedies or legal defenses, and we’re committed to representing your interests effectively to minimise the impact of such breaches.
Assisting Respondents in Addressing Intervention Order Claims
Facing an intervention order claim as a respondent can be a challenging and stressful experience. Our lawyers at Dandenong Family Lawyers are adept at developing a nuanced defense strategy tailored to your unique situation. We ensure your side of the story is heard while maintaining your legal rights. Our assistance covers gathering relevant evidence, providing sound legal advice, and providing robust representation in court. We focus on addressing the specifics of each case, whether it involves disputing the facts, mitigating circumstances, or challenging the necessity of the order itself.
Withdrawing an Intervention Order
There are scenarios where a victim may decide to withdraw an intervention order. Our firm provides comprehensive support throughout this process. Withdrawing an intervention order involves more than just a simple request; it requires understanding the legal ramifications and following a specific legal process. Our team assists in preparing the necessary documentation, offering advice on the implications of withdrawal, and representing clients in court to facilitate this process. We handle these situations with sensitivity and confidentiality, ensuring that the decision to withdraw the order aligns with the client’s best interests and safety considerations.
Frequently Asked Questions (FAQs)
An intervention order is a legal document designed to keep you, your children, or your property safe when someone’s behaviour has left you feeling unsafe. It sets out conditions the other person (the respondent) must follow—such as keeping away from your home, not contacting you, or damaging your property. If those conditions aren’t met, police can step in and the matter can become criminal. Intervention orders can cover family members—partners, relatives, or people you’ve had an intimate relationship with—and non-family (personal safety orders).
If you’re over 18, you can go to your nearest Magistrates’ Court in Victoria—or use the court’s online system—to apply for a family violence or personal safety intervention order. You do not need police involvement to begin the process. If you’re under 18 or seeking protection for a child under 18, you can apply through the Children’s Court.
If you’re in danger now, calling Triple Zero (000) is the first step. You can also apply for an interim order, often granted on the day you speak to a court registrar or magistrate. That temporary order applies while proceedings continue, giving you time to feel safer before a final decision is made.
When you apply, you explain your situation—what has happened, why you’re fearful that it may recur, and who needs protection. The court considers behaviours such as threats, harassment, abuse (physical, emotional, financial), property damage, or acts that make you fear for your safety. Children can also be included when their safety is at risk.
Most intervention orders run for 12 months unless a magistrate decides a shorter or longer period is more suitable. If you feel protection is still needed before the order ends, you can ask the court to extend it. It’s wise to do this around four to eight weeks before expiry—by then, your legal adviser or the court can guide you through the process.
If the respondent breaks any condition—like contacting you when they shouldn’t—police can act immediately, and a breach may lead to criminal charges. You should report breaches as soon as you can because enforcing the order helps preserve your safety.
Yes, but only a magistrate can make changes, cancel, or set aside an order. If your circumstances change—perhaps you have moved, or there’s a change in risk—you or the respondent can apply to vary conditions or revoke the order. The court will reassess based on current information and needs.
Either the person protected (the applicant) or the respondent can seek to have the order revoked or varied, provided the court grants permission. You’ll usually need to explain what’s changed—such as a shift in relationship dynamics or completion of programs—and satisfy the court that safety can still be upheld. A lawyer familiar with family violence matters can guide you.
A Note for You
Each situation is different—what you need may not be exactly the same as someone else. Knowing your options helps you make informed choices and feel more in control of the process. Whether you’re seeking initial protection or reviewing an existing order, talking to a specialist family lawyer or trained support worker early on can help shape a clear, supportive path ahead.