A Family Violence Intervention Order is a court order to protect you and other people living in your home from violence from a family member. There are two types of these orders:
An Interim Intervention Order – a Magistrate can make an Interim Intervention Order for your safety and the safety of other people in the home. This order is not final and you will have to return to court. You can ask for the same conditions you included in your application for an Intervention Order.
An Interim Order has the same power as a Final Order (Victoria Legal Aid, 2013).
A Final Intervention Order is a longer-term order made if a magistrate believes a family member has used family violence and is likely to do so again (Victoria Legal Aid, 2013).
A person can apply for an Intervention Order or sometimes, when police are called to a family home because of violence, they may apply for an Intervention Order on the victim’s behalf. The person the Intervention Order protects is called the ‘affected family member’. The person the Intervention Order is against is called ‘the respondent’.
More detailed information can be found at Victoria Legal Aid.
When you apply for the Intervention Order yourself, the first step is to attend court. The court registrar will be able to help you with the application and may be able to suggest some conditions for the order that might help keep you and other family members safe. Conditions on an Intervention Order include stopping the young person from:
It is important to know that there are ways that you can still see or live with your child while the Intervention Order is in place. These conditions help you and other family members keep safe while still allowing you to have contact with your child who is being abusive.
At court the registrar can help you complete the application form and you can always ask to see a lawyer.
A date will be set for the order to be heard in court. This usually happens within a short period of time depending on the urgency of the order and the waiting lists at court. This is called an Interim Intervention Order and it gives protection for a short period before the Final Intervention Order can be heard in court.
For more information go to Victoria Legal Aid: Applying for an Intervention Order.
Applying for an Intervention Order can be a big decision. Doing so may make you feel stressed, anxious, ashamed, guilty and other emotions.
There are several things to remember when you take this option: