Any individual experiencing family violence or threats can file for an intervention order at the Magistrates Court. When filing, their application should include detailed allegations made under oath against whomever is needed as protection from.
Intervention orders are civil proceedings that do not appear on anyone's criminal record; however, breaching an intervention order constitutes an offense and should be taken seriously. A intervention order lawyers Melbourne can help guide you through the legal process involved with intervention orders.
Obtaining an intervention order
An intervention order is a legal tool designed to provide protection from harm or threats, often used as an alternative to restraining orders (formerly restraining orders). An intervention order limits an aggressor's behavior and contact, often with children and adults alike. These orders can help safeguard families against domestic violence as well as ensure their safety - though the process itself can often be complex and intimidating, so seeking professional legal assistance from an expert lawyer is highly advised.
When making an application, the registrar (or magistrate) will read your application and ask you questions in private room. Be honest and provide as many answers as possible when answering these queries; additionally, the registrar will provide information regarding which conditions an intervention order includes.
Conditions set out by a court are rules which the respondent must abide by; violations can result in fines and even imprisonment for those breaking them. Once an order has been granted, it will be delivered by police to be served upon them.
Defending an intervention order
Intervention orders provide many advantages for those facing abusive situations, giving them peace of mind knowing any further violence or threats will be prohibited by law - this can be particularly effective against family violence.
An intervention order may be requested at a Magistrates Court by those alleging prohibited behavior or family violence, including physical violence, emotional abuse, stalking and intimidation. An order would prevent respondent from contacting protected person in any form and coming within specified distance from home or workplace of protected individual.
Those who violate an intervention order can face criminal prosecution and could potentially face jail, community service, or a good behaviour bond. For the best chance at successfully defending an intervention order, it would be prudent to enlist a professional legal representative as their support in your defense strategy.
Applying for an adult intervention order
An intervention order is intended to protect individuals from violence, threats or interference with their peace and quiet. Issued either by police or court authorities, intervention orders include conditions like banning respondent from contacting protected person; making them surrender weapons or prohibiting them from coming within certain distance of home/workplace/protected person's address/workspace. Breaching one constitutes criminal charges which could include fines, community service orders or jail time imposed accordingly.
Application processes vary between states and territories, but magistrates' courts are responsible for making decisions regarding whether an intervention order should be granted and its conditions. As this can be an extremely complex and lengthy process, legal advice may be invaluable here; additionally it's advisable to bring someone with you when attending your application hearing to help explain your situation and remember all that was said during it.
Applying for a child intervention order
If you would like to apply for an intervention order, visit your nearest Magistrates Court (External link) where a registrar at the counter will arrange a meeting with a support coordinator who can help make an application on your behalf.
The registrar will create an order outlining your application for protection, which you'll sign and swear/affirm as truthful information. Police will serve this order to the person whom needs protection (known as a respondent).
An intervention order may impose multiple conditions, including surrendering firearms that you own. If anyone on an intervention order breaches its terms and is charged with criminal acts, such as violation of firearms rules, they could face prosecution and could end up with criminal records that affect future employment opportunities. Depending on the severity of their violation, court may order community service or even jail time as a penalty for their offenses.