Intervention orders explained
The purpose of an intervention order is to protect a person in the event that they feel unsafe by placing restrictions on the actions of another person (the defendant).
A person can apply for an intervention order if they believe the defendant has taken any of the following actions and are likely to do so again:
- Harassed them.
- Assaulted or threatened to assault them.
- Behaved offensively.
- Emotionally or psychologically abused them.
- Damaged or threatened damage to their property or pets.
- Caused them to fear for their safety or the safety of your family.
An intervention order can be served against family members of the person or others that are not family members.
There are two types of intervention orders:
- Interim order: a temporary order that applies until the court/magistrate can hear evidence and make a decision.
- A final order: a long-term order that is made if the court/magistrate believes the person or persons need protecting with an intervention order.
Once the interim intervention order has been served to you, it is in force and you must not breach it. At this stage, the court will hear the case and decide whether or not to put in place a final order.
To place a final order, the magistrate must be satisfied that, without intervention, the defendant will commit an act of abuse (examples listed above) against the person.
If you plan to defend the order or change any of the order’s conditions, you’ll need legal advice to ensure you give yourself the best possible chance. You’ll also need a lawyer present at court to represent you.
How could an intervention order affect me?
Once a final order is passed, the intervention order will remain in place forever. That is, unless you are able to make a successful application to revoke the order or vary its conditions.
Intervention orders can place a number of restrictions on you including:
- Limiting the contact you’re able to have with the defendant and/or your children.
- Completely prohibiting you from seeing the defendant and/or your children.
- Prohibiting you from being near the defendant’s house or place of work.
- Prohibiting you from contacting the defendant.
Being served an intervention order can be stressful and difficult but it’s important to take the matter seriously and get the best possible advice.
Do I need an intervention order lawyer?
If you plan to defend the intervention order or request to vary its conditions, you will need a lawyer. In any case, it’s usually advisable to seek legal advice when you’ve been served an intervention order as often there’s a lot at stake.
The intervention order lawyers at Testart Family Lawyers have years of experience providing advice on intervention orders and defending our clients. We can also assist with applications to vary conditions of orders that have already passed.
Give yourself the best possible chance of getting the result that you want. Choose Testart’s experienced intervention order lawyers for advice and guidance every step of the way. From the first engagement to resolution of your issue – we take care of you.
Get in touch to book your FREE first appointment.