Conditions in a family violence intervention order

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Conditions in a family violence intervention order

Conditions are rules that restrict the respondent’s behaviour.

If you are applying for an intervention order, you can select from a list of conditions on the application. You can also ask the magistrate to include other conditions that will make you feel safe.

Conditions on the application form

The conditions listed on the application form for an intervention order include stopping the respondent from:

  • committing family violence against the protected person
  • intentionally damaging the protected person’s property or threatening to do so
  • attempting to locate or follow the protected person or keep them under surveillance
  • publishing on the internet or by email or other electronic communication any material about the protected person
  • contacting or communicating with the protected person by any means
  • approaching or remaining within a certain distance of the protected person
  • going to or remaining within a certain distance of where the protected person lives, works or attends school or childcare
  • getting another person to do anything the respondent must not do under the order.

See the Magistrates' Court's Application for a family violence intervention order.

Other conditions you may want to apply for

The applicant can also ask the magistrate to order the respondent to:

  • return the personal property of the protected person or a family member
  • return jointly owned property that allows the protected person’s everyday life to continue with little disruption
  • hand in any firearms or weapons to police
  • suspend or cancel any firearms authority, weapons approval or weapons exemption.

If the affected family member has children, they can ask the magistrate to change (vary) or suspend a parenting order.

The applicant can choose as many conditions as they like from the list. The applicant can also talk to the court registrar if they want to:

If a child has been exposed to family violence

If a child has been exposed to family violence, a magistrate must include them as an affected family member on the intervention order.

The magistrate can, however, include specific conditions that allow parents of a child to communicate with each other for the purpose of child arrangements only.

If the affected family member is concerned about the respondent continuing to have contact with the children,  they can ask the magistrate to include a condition to change (vary), revive, discharge or suspend a parenting order if it is inconsistent with the intervention order.

For more information see Family violence orders to protect children.

The magistrate makes the final decision

The magistrate makes the final decision about:

  • what conditions are included in an interim or final order
  • how long a final order will be in place.

See How intervention orders work.

Get help

Find out how you can get help with family violence.

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