Intervention Orders – FAQs

A Family Violence Intervention Order is a court order designed to protect a person by placing limits on the behaviour of another person. There is always a lot of questions around when and how you can get these orders. Here are the most frequently asked questions regarding Intervention orders.

When can a Family Violence Intervention Order (FVIO) be made?

Before an FVIO can be made the court must believe that certain conduct has been carried out by the respondent towards the affected family member; that the conduct is likely to occur again and that the intervention order is needed to protect the safety of the affected person.

How do I get an intervention order?

You need to complete an application for a family violence intervention order and file it with the nearest Magistrates court. A copy of the application form can be downloaded from the court’s website. If the police have been involved in your situation they may make an application for an intervention order on your behalf.

Can I get an intervention on the same day?

If the court is satisfied that it is necessary to ensure the safety of the affected family member or to preserve their property, the court will make an immediate temporary order called an interim intervention order. This order will remain in place until the hearing of the application for the intervention order.

How long does an order last?

An intervention order will be made for any length of time that the court thinks appropriate. Before an order expires the court can consider extending the order for a longer period.

What happens if you breach a FVIO?

If a breach of the conditions of the FVIO is alleged, the police will investigate. If they believe that the FVIO has been breached then they may decide to charge the person who breached it with a criminal offence.

Author:

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Christian Bolog

Director | Head of Commercial Law

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