Intervention Orders

Intervention orders are Orders made by a Court to protect people who have experienced violent, threatening or abusive behaviour. The violence does not need to be physical, it can be emotional, psychological and financial.

There are two types of Intervention Orders:

  • Family Violence Intervention Order – protects you from a family member who is violent to you;
  • Personal Safety Intervention Order – protects you from someone, other than a family member, who makes you feel unsafe.

Such Orders can be made on an Interim and Final Basis, as follows:

  • Interim Order
    • A short-term Order is made when the Court believes a person needs protecting immediately. It normally lasts until more evidence can be brought before the Court and a decision made as to whether to make a Final Order. These Orders are often made by the Court ‘ex parte’, without the other party (the person to be restrained) being present.
  • Final order –
    • A long-term order. These can be made one of 3 ways:
      • The person restrained by the Order consents to the Order.
      • The person restrained by the Order fails to attend the court and the Court a makes the Order in their absence (there are additional consequences for the person restrained by the Order in such a case).
      • Both parties argue the matter before the Court, at a defended hearing, and the Court determines a Final Order should be made.

NOTE: Both Interim and Final Orders have conditions, which must be obeyed. There are serious criminal consequences for breaching intervention orders, including imprisonment.

How long will the Final Order last for?

A Final Order can last up to 12 months or more. The Court has the power to make a Final Order for any period of time, including indefinitely, depending on the circumstances.

When an Intervention Order expires, is that it?

Not necessarily, the party who is protected by the Order, may seek to extend the Order, beyond the original date of expiration, made by the Court.

Interrelationship with Family Law

The protection of a child from exposure to family violence is one of the primary considerations of the Family Court, when assessing the suitability of Court Orders. The existence of an Intervention Order, against either party, will be considered by the Court, when making their decision.

Mornington Legal can assist with you with advice and Court representation with Intervention Order matters.

If you any questions or require any advice please call us on (03) 59757611 or Enquire Online to arrange your initial Family Law consultation.

You can also find further information in our: Children and Family Law, Children and Family Law – Frequently Asked Questions and Family Law Property sections.