The breakdown of a relationship between partners, family members, friends or neighbours
can result in volatile disputes. These disputes can sometimes lead to intimidation, or to
threats or actual use of violence to a person or a child.
If this happens, one person may seek the help of Victoria Police or the Court and apply
for an Intervention Order to protect them.
This article will explain the Court process for Intervention Order matters, and some of the
resolutions which may be available for all parties involved.
What is an Intervention Order?
An Intervention Order is a civil order made by the Magistrates’ Court which prohibits a
person from committing certain actions against another person. These prohibited actions
can include, but are not limited to, violence, communication, stalking, damage to property
and the publishing of information.
There are two types of Intervention Orders that can be made on an interim or final basis:
1. Personal Safety Intervention Order – This is a Court Order granted to protect a
person from another person’s behaviour in circumstances where a person is being
subject to violence or harassment by someone who is not a domestic partner or a
member of their family (such as a neighbour or a friend).
2. Family Violence Intervention Order – This is a Court Order granted to protect a
person from further violence or harassing behaviour of a domestic partner, previous
domestic partner or a family member.
Both of these applications can be made through Victoria Police, or directly to the Court.
Family Violence
Family violence can include physical abuse, sexual abuse, emotional or psychological
abuse, financial abuse, or controlling behaviour that is used to intimidate, force or control
a partner, family member or child through fear.
The Court Process
Once a person has been served with an Application for an Intervention Order, the first
hearing date will usually be listed a few weeks after the date the Application was made,
or sooner if the matter is urgent. There are a number of different Court Hearings that can
occur during this process, and the most common types of Court Hearings that usually
occur are:
1. A Mention Hearing – This is mainly a procedural Court date, and evidence and
arguments will generally not be considered by the Magistrate. The parties involved
will be given an opportunity to negotiate an outcome, and the matter will be re-listed
to a later date if no agreement is reached. Procedural Orders may be made on this
date, such as an Order for the Applicant to file Further and Better Particulars, the
Respondent to file a Response to Further and Better Particulars and/or Victoria
Police to complete a risk assessment on the Respondent.
2. A Directions Hearing – This is a further procedural hearing which provides further
opportunity for the parties to attempt a resolution of the matter. If no resolution can
be reached, the matter will be listed for a Final Contest Hearing.
3. A Final Contest Hearing – This is the final Court event where evidence is led by
both parties, including the evidence of witnesses, and the presiding Magistrate will
then make a decision about whether the Intervention Order will be granted or not.
It is possible to resolve the matter at each of the above Court Hearings. It is also important
to note that an Interim Intervention Order will normally be in place for the duration of the
proceedings and until the matter is resolved.
Possible Outcomes
The timeframe for resolution and the type of outcome depends on the attitudes of the
parties, whether the Court needs to make a decision, and the result of any negotiations.
There are 3 possible resolutions that can be reached in an Intervention Order matter:-
Final Order
A Final Order can be made if:
A Final Order will not give a person a criminal record and is normally made for a specified
period of time, such as 12 months. At the end of the time period, the Final Order will
expire unless it is extended prior to the date of expiration.
Undertaking
An undertaking is a written promise by the Respondent to the Applicant and the Court that
they will not act improperly or commit certain actions against the Applicant. An
Undertaking is usually reached through negotiation during Court proceedings, and the
Applicant must agree to accept the Undertaking and withdraw the Application for the
matter to be resolved this way.
An Undertaking does not prevent the Applicant from coming back to Court and asking for
the Intervention Order to be reinstated in the future.
No Order
If the matter proceeds to a Contest Hearing and is unsuccessful, or if the application is
withdrawn at any point in the proceedings, the matter will be at an end and no Order will
be made.
Living with a Final Intervention Order
While an Intervention Order is not a criminal offence or conviction, a breach of a condition
on the Intervention Order is a criminal offence and may result in a criminal conviction. The
Courts approach breaches seriously, and a breach may be as simple as sending a text
message to the person protected by the Order, or having a friend or family member do so
on their behalf. An Intervention Order can still be breached even if the person protected
by the Order contacts the Respondent at first instance.
It is important to know that the Courts have the power to enforce penalties if a person is
found guilty of breaching an Intervention Order, including a prison sentence. If a person
is found guilty, the breach will also be noted on a person’s criminal record.
Some Family Violence Intervention Orders allow communication between the person who
the Order is ‘protecting’ and the person whom the Order is against. For example, some
Family Violence Intervention Orders allow communication between parents as long as it
is about arrangements for the children only, or communications through solicitors.
If an Intervention Order has been made against you, it is important that you seek legal
advice on the conditions of the Intervention Order and on any actions that you are
prohibited from undertaking, as well as any exemptions or communication exceptions that
may apply.
Next steps
Intervention Orders can be an unfortunate consequence of the breakdown of a
relationship, and are a tool designed to protect one person from another. The Courts and
Victoria Police approach issues of family violence and personal safety very
seriously. However, there are options available for a resolution at every stage of the
Intervention Order process, and particularly for individuals who wish to settle the matter
without the stress or expense of lengthy legal proceedings.
If you or someone you know wants more information or needs help or advice with their
intervention order matter, please contact our Intake team on (03) 8415 5600 or email us
at reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.