Intervention Orders

What is an Intervention Order?
An Intervention Order is a way of protecting you from another person’s behaviour in the future. It may be your partner, your boyfriend or girlfriend, or a member of your family (family has a wide definition, and includes people who are family through past and present relationships, as well as blood relatives). It doesn’t matter what that person has done to you in the past, Magistrates will only make an Intervention Order if they are satisfied that there has been behaviour which calls for an order and that the behaviour is likely to continue.
You can get an Intervention Order against a family member if:
• They have harassed or molested you or behaved in an offensive manner
• They have assaulted or threatened to assault you, or
• They have damaged or threatened to damage your property
And if:
• They are likely to do it again
There doesn’t have to be physical violence to get an Intervention Order.

If the person whose behaviour is causing you concern is not a domestic partner or family member (e.g. a neighbour), an Intervention Order can still be sought against them under the stalking provisions of the Crimes Act. As emphasised above, the Magistrate has to be satisfied that the behaviour is likely to continue.

What does an Intervention Order do?
An Intervention Order puts limits on what a person can do and where they can go. It might contain a number of separate conditions. For example, the order might say that the person is not allowed to threaten or intimidate you. It might say that the person has to stay away from your house, or your work. An Intervention Order can be altered to suit your needs.

How does an Intervention Order work?
If you get an Intervention Order against someone, that person is not allowed to break any of the conditions of the order. If they do, then they can be charged by the police with a criminal offence. The police can arrest the person. If they are found guilty, the person could be fined up to $24,000 or imprisoned for up to 2 years.

How long does an Intervention Order protect me for?
You can get a temporary (‘interim’) order which will cover you for the 2-3 weeks it takes to get the person to the court hearing. The final order can be made for whatever time the magistrate thinks is suitable. This could be 3 months or 3 years. You can apply for another Intervention Order when the first one finishes. Some orders have no time limit on them, and either party can apply to change or withdraw the orders if there is a change of circumstances

How do I get an Intervention Order?
To get an Intervention Order, you have to go to the Magistrate’s Court and fill in an application (called a Complaint). Some courts prefer you ring to make an appointment to take out the complaint. If you are aged between 14 and 16, you can apply for an Intervention Order through the Children’s Court without having to get permission from a parent or guardian.

When you fill out the application, you will be given a date and time to appear in court. If the matter is serious (e.g. physical injuries) an interim order can be made by the court on the day you take out the application. The police will notify the person about your Complaint. You then have to go to court for the Magistrate to hear your case. Victoria Legal Aid has produced a very useful free booklet about Interventions Orders that walks you through the application process. Click here to look at a copy on the internet. You can order a copy from the VLA website at www.vla.vic.gov.au or ring Legal Aid on 9269 0234.

Who can help me apply for an Intervention Order?
Under its guidelines, VALS can give general advice on intervention orders but will not attend court people apply for an Intervention Order. However, there are support services that will help you with the process of applying for an Intervention Order.

Metro
Melbourne Magistrate	Mon & Thurs	9.30 until finished	Women’s Legal Service
Broadmeadows	Fri	9.30-1	Flora – Broadie CLC
Dandenong	Mon & Wed (if first day of month is a Wed, then are there on a Fri, not Wed)	9.30 – 1	Penina & Stratas Springvale Monash CLC
Ringwood	Tues & Fri	9 until finished
Sunshine	Wed	9.30 until finished	Glenda – Brimbank CLC
Heidelburg	Thurs	9.30-3ish	Bridget – Darebin CLC
Frankston	Fri	9.30 until finished	Victoria Mullings - Peninsula CLC
Regions
Ballarat	Mon Thurs Fri	10-12 1-3 9.30-10.30	Central Highlands CLC
Werribee	Thurs	9.30-1
Wodonga	Thurs	9.30-1 or 2	Alison – Albury Wodonga CLC
Wangaratta	Fri	9.30-1 or 2	Alison – Albury Wodonga CLC

Does having an Intervention Order out against someone give them a criminal record?
Applying for an Intervention Order is a civil procedure, not a criminal one. That means it’s regarded as a personal dispute. Even if the police are involved, your application for an Intervention Order does not mean that the person is being charged with a criminal offence. They don’t get a criminal record just because the magistrate decides to make an Intervention Order. If they break the terms of the order, however, that is a criminal offence, and they can be arrested and charged by police.

Intervention Orders and your children
If you believe that your children are at risk, you can include them in your Intervention Order. If they are over 17, they have to apply for their own Intervention Order. Even if you have an Intervention Order against someone, this doesn’t stop the person from applying under the Family Law Act for a contact order allowing them to see the children. When making a decision about contact with the children, the court will take an Intervention Order into account.

There may be a conflict between an Intervention Order and a family law contact order. Get legal advice about whether you need to get your contact order changed. When making a temporary (interim) Intervention Order, the magistrate can suspend the family law contract for 21 days. This will give you time to get legal advice and apply for a different contact order.

Much of the information from this site was taken from the Victoria Legal Aid booklet "Applying for an Intervention Order", and our thanks go to them.