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A family violence intervention order is a court order made by a magistrate to help protect a person or persons (affected family member(s)) from a family member (respondent) who is using family violence.
The meaning of family violence is quite broad and may include the following behaviours: physical or sexual abuse, emotional or psychological abuse, economic/financial abuse, threatening, coercive abuse or in any other way controlling or dominating a family member in a way that causes that family member to feel fear for the safety or wellbeing of themselves or another person. In addition, if a child is exposed to the family violence they are covered by the law and may also be placed on the family violence intervention order as a protected person.
Family violence is also behaviour that makes a family member fear for the safety of their property, another family member or an animal.
After an alleged family violence incident has occurred the respondent may be served with a family violence safety notice or interim intervention order or requested to attend a police station to collect the intervention order.
Attending court for a family violence intervention order hearing
The respondent will receive a summons or safety notice that will tell them the date of the court hearing. A hearing is when a magistrate listens to the application for an intervention order. It is of outmost importance that the respondent attend the court hearing.
Conditions of order
It is equally important that the respondent read the contents of the documents and does not breach any conditions outlined in the documents. If a respondent breaches the conditions of a family violence safety notice, interim intervention order or intervention order the police may charge them with a criminal offence. The Court takes family violence and any breaches very seriously.
