intervention order

How does an intervention order work?

An intervention order is an order issued by the Magistrates’ Court to protect a person affected by physical, psychological or material harm, by imposing rules or conditions on how the respondent (alleged defendant) can act towards the applicant or other protected persons. The order can prevent the respondent from harassing, threatening, or intimidating the applicant, being near the applicant’s house, contacting them in any way, or damaging property.

There are two types of Intervention Orders

Personal Safety Intervention Orders (PSIO) and Family Violence Intervention Orders (FVIO). A PSIO is also known as a “stalking order,” and it’s issued to protect you from assault, sexual offense, harassment, stalking, serious threats, and property damage or interference with property. It can also include derogatory remarks that amount to harassment, publishing materials about a person on the internet, vandalism, and other forms of damage to property. There does not have to be any physical violence experienced.

On the other hand, an FVIO is issued to protect a family member from physical, emotional, sexual, or financial abuse. Family members include relatives and those persons who share intimate personal relationships such as married individuals, de facto or domestic partners. This is also applicable to former spouses and partners. The order can also be used to protect children and other family members. As with a PSIO, with an FVIO there does not have to be any physical violence experienced.

The main difference between a PSIO and an FVIO is that a PSIO is issued against a respondent who is not a family member, while in an FVIO, the respondent is always a family member. Despite this difference, the procedure for applying for an order is the same. You can apply for an order by filling out an application form with the Magistrates’ Court. You will then be interviewed about the circumstances of your application before the case will be set for hearing.

While waiting for the schedule of the hearing, an interim order may be issued, which has the same effect as a final order of intervention. This is issued even without notice to the respondent if it can be shown that the affected person is in imminent danger of harmful behaviour by the respondent.

It’s essential to note that an Intervention Order is civil in nature and cannot result in a criminal record against the respondent. However, if the respondent breaches the order, he may be held criminally liable and may be penalised with imprisonment or a fine.

How long do Intervention Orders last

The effect of the order usually lasts for one year, but you can apply to vary the order so as to extend it if the respondent still persists with their behaviour, or you feel concerned.

If you are wondering whether your Intervention Order should be extended, or would like more information about Intervention Orders generally, don’t hesitate to click here to book a free no-obligation Discovery Call with us to learn more.

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