Intervention orders: How do I apply for or respond to an intervention order?
Dealing with intervention orders can be a daunting and overwhelming process. It is important to understand the process so that you and your family members are protected from the risk of harm.
What is an intervention order?
Intervention orders are legally enforceable orders seeking to protect a person and their family from harm. Intervention orders can also protect a person’s property from damage.
The person applying for an intervention order is called “the protected person”. The person responding to the protected person’s application is called “the respondent”.
Intervention orders are dealt with by the Magistrates’ Court of Victoria (“Magistrates’ Court”). Applying for an intervention order is a civil matter, however breaching an intervention order is a criminal matter.
There are two types of intervention orders: Personal Safety Intervention Orders (“PSIO”) and Family Violence Intervention Orders (“FVIO”).
FVIOs contain conditions to stop a family member person from using family violence against you (including by damaging property). The conditions may include orders to stop behaviour, orders not to contact you or orders not to go near you.
A family member means a spouse, de-facto partner, parent, child, sibling, relative (by birth, marriage or adoption), or any person treated like a family member, such as a guardian or carer.
PSIOs are the same as FVIOs, save that they apply to non-family members. This means a neighbour, friend, work colleague, employer, employee, tenant, landlord, student, teacher or stranger.
How do I apply for an intervention order?
If you have been assaulted, harassed, threated, stalked or had property damaged by a family member, or you feel threatened that this may happen, you can apply for a FVIO online on the Magistrates’ Court website here.
If it is not safe for you to make the application online, you may telephone or attend your local Magistrates’ Court who can arrange for you to complete the application.
Alternatively, the Police may make an application for an FVIO on your behalf. In this case, the Police are the “Applicant”. You are still the “Protected Person”.
If you need immediate protection, the Police may also apply for an interim FVIO on your behalf, or issue a family violence safety notice on the respondent, to protect you until the matter is heard in court.
If you have been assaulted, harassed, threated, stalked or had property damaged by a non-family member, you can make an application for a PSIO by completing the “PSIO1 – application for personal safety intervention order” and “Declaration of trust (PSIO)” forms (which can be found here) then contact your local Magistrates’ Court to make an appointment to apply for a PSIO, where you will speak with a Registrar.
What happens once I have made an application for an intervention order?
Once your intervention order application has been approved by the Registrar, the Police will serve a copy of your application on the respondent and you will be allocated a hearing date. You should only attend the hearing if you feel safe to do so.
How do I respond to an application for an intervention order?
If you have been served with an application for an intervention order (either an FVIO or a PSIO), you must attend court on your scheduled hearing date. It is possible for orders to be made against you in your absence. It is strongly recommended that you seek legal advice prior to the hearing.
If you, or someone you know, is experiencing family violence, or is at risk of family violence, we recommend contacting one of the services listed in our article here.
If you have any questions in relation to the above, wish to make or respond to an application for an intervention order or have an upcoming intervention order hearing, please do not hesitate to contact a member of the TLFC family law team on (03) 8600 9333 and we will be happy to assist you.
Disclaimer
The above does not constitute legal advice, but is information which may be of general interest. Tisher Liner FC Law will not be held liable or responsible for any claim, which is made as a result of any person relying upon the information contained in this publication.
