When to apply for a family violence intervention order?
When to apply for a family violence intervention order?
A family violence intervention order is a court order to protect a person, their children and their property from a family member’s behaviour. Call triple zero (000) If you are in danger. Court can be a complex process.
Who is protected in a family violence order?
The person the intervention order will protect is called the ‘ affected family member ’ (AFM) when the application is made, or the ‘protected person’ once an order is put in place. Intervention orders include conditions to stop the respondent from using family violence against the protected person.
When do children need to be included in intervention orders?
Children must be included on intervention orders if they have been affected by family violence. Children and other family members included on orders are called affected family members. When children are not included in an application, the magistrate will still ask if they have heard, seen or been around family violence in any way.
Can a police officer break an intervention order?
Intervention orders include conditions to stop the respondent from using family violence against the protected person. If the respondent breaks the conditions of an intervention order the police can charge them with a criminal offence. What is family violence?
How to contest an intervention order and interim order?
We can assist you in contesting an Intervention Order application where this is appropriate. You will either receive a copy of the Application for Intervention Order and Interim Order in the post, or will be given a copy by the police. It will have details about what the person applying for the Order says you have done.
What happens if police apply for intervention order?
If the police applied for the intervention order, they will run the matter at court. This means they will speak for the affected family member. The police are less likely to agree to an undertaking, so you may need to consider your other options. If the applicant agrees to an undertaking, their application for an intervention order is withdrawn.
Where to apply for an intervention order ( PSIO )?
If mediation is not successful, an application for a PSIO can be made at your nearest Magistrates’ Court. There is no fee to apply, but you may have to pay legal costs if you have a lawyer. A judicial officer can direct you and the other party to attend a mediation assessment or mediation. The application is generally adjourned in these instances.