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Family violence and Intervention Order matters
An intervention order is a court order made by a Magistrate which aims to ensure the safety of the affected family member, protect a child who may have been subjected to family violence and to preserve property of an affected family member. An intervention order restricts the behaviour of the respondent from committing family violence, approaching contacting or communicating with a family member, attending at their home or work premises, or from damaging the property of a family member or arranging someone else to do so on their behalf. An intervention order may also direct the respondent to participate in prescribed counselling, or suspend or cancel any firearms licence or permit. An application for an intervention order can be made under the Family Violence Protection Act 2008 where there is a family relationship or a person is or has been involved in a relationship. An application for an intervention order can be made under the Stalking Intervention Orders Act 2008 where there is no family relationship or the parties are neighbours or friends. For more information on applications made under the Stalking Intervention Orders Act 2008, please see the related Stalking page. An application for an intervention order may be made to the Court by a member of the police force or an affected family member. If the affected family member is a child, then a parent or any other adult with the written consent of a parent of the child or with permission of the Court can apply for an order on the child's behalf. Section 53 of the Family Violence Protection Act 2008 provides that a Magistrate may make an interim family violence intervention order if they are satisfied on the balance of probabilities that it is necessary to ensure the safety of the affected family member or a child who has been subjected to family violence, or to preserve property. A final intervention order will be made by a Magistrate if they are satisfied on the balance of probabilities that the respondent has committed family violence against the affected family member and are likely to do so again. If a family violence intervention order is breached, then the respondent may be charged by Police with a criminal offence. They may also incur a fine of up to $24,000, imprisonment for up to 2 years or both. If you are involved, or soon to be involved in family law proceedings, the Family Court can arrange for separate rooms for a Conciliation Conference, the presence of security whilst you are in Court and video or telephone link where appropriate. If you are in immediate danger it is recommended that you contact the police, who will then be able to provide you with further information, and may assist you obtain an Intervention Order. If you require any assistance in relation to family violence or intervention orders, please do not hesitate to contact us on 9670 4122. | |||||||||||||
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