Where there are issues of family violence to partners, children, other family members or property, it is possible to apply to the local Magistrates Court for an Intervention Order. Once the Order is made, the Police deal with any breaches of it.
Is it also possible to obtain a personal protection order under the Family Law Act. However, it is more difficult for the Police to act on breaches of those orders.
The Family Law Act also takes into consideration the need to ensure safety from family violence.
Under the Act, the Family Court must take into account the need to ensure safety from family violence when considering who a child should live with and spend time with.
Intervention Order (IVO)
An Intervention Order (IVO) is an order made by the court that prohibits the defendant from certain behaviour, such as harassment, stalking, intimidation, violence or the threat of violence. The purpose of an IVO is to provide protection from this behaviour in the future – it usually states that a person cannot behave as such or go within a certain distance of the home or workplace of the person lodging the complaint.
The Court can make an IVO if a defendant consents to an IVO being made, or if evidence is heard proving that a person in need of protection fears violence or harassment by the defendant. The magistrate also has to be satisfied that there are reasonable grounds for these fears in order to make an IVO.
If you need to make an Intervention Order, or if somebody has made and Intervention Order against you, it is recommended to seek legal advice from an experienced solicitor immediately.
What happens if someone tries to make an IVO against you?
You can object to an Intervention Order being made against you and have the matter adjourned for trial at a later date. Under these circumstances, an interim IVO may be issued until the trial date.