Intervention Orders
There are two types of intervention orders in Victoria :
a. Family Violence Intervention Orders : These orders are designed to protect people who are or have been in a family or domestic relationship and are experiencing or at risk of family violence. The relationship can include spouses, de facto partners, parents, children, siblings, or other family members.
b. Personal Safety Intervention Orders : These orders are for individuals who are not in a family or domestic relationship but require protection from another person due to harassment, stalking, assault, or other threatening behaviour.
Applying for an Intervention Order
To obtain an intervention order, the affected person (known as the applicant) can :
a. Apply directly to the Magistrates’ Court by completing an application form.
b. Seek assistance from the police, who can apply for an intervention order on their behalf.
Process of Obtaining an Intervention Order
The process typically involves the following steps :
a. Filing an Application : The applicant completes an application form, providing details of the alleged violence or threat and the person against whom the order is sought (known as the respondent).
b. Interim Order : In urgent cases, the court may grant an interim order, providing immediate protection until a final hearing can be held.
c. Service of Documents : The application and any interim or final orders must be served on the respondent by the police or a court officer.
d. Court Hearing : A court hearing is scheduled, during which both parties have an opportunity to present their evidence and arguments.
e. Final Order : If the court is satisfied that the applicant requires protection, it may issue a final intervention order, outlining the specific conditions and prohibitions that the respondent must adhere to.
Breaching an Intervention Order
Once an intervention order is in place, it is legally binding. Breaching the conditions of an intervention order is a criminal offence and can result in penalties, including fines or imprisonment. The affected person should report any breaches to the police.