If you are under 18, you can get a free lawyer to help with your intervention order. Anything you say to the lawyer is private. You can call a lawyer before court, or come to court and ask to see a duty lawyer.
Contact us on 1300 792 387, Monday to Friday, 8 am to 5 pm, or chat online using our Legal Help Chat.
Intervention orders explained
Someone can apply for an intervention order if they are worried about their safety, or the safety of another person. The police can also apply for an intervention order for someone. There are two types of intervention orders:
- family violence intervention orders
- personal safety intervention orders.
Intervention orders aim to keep people, their pets and property safe. They have rules that must be followed, these are called conditions.
Only a magistrate (similar to a judge), can make, change or edit an intervention order. The police, your parents or other people involved cannot change the order.
Your intervention order paperwork
Documents for an intervention order are also called paperwork. Paperwork may include:
- A copy of the application for the intervention order. This includes the court hearing date.
- A copy of the temporary order, called an interim order (if one has been made). This is a temporary order that lasts until the court makes a new decision in the case.
What happens at court
The court hearing is a meeting where the magistrate listens to everyone and decides whether to make an intervention order.
The magistrate will ask:
- why the person who applied needs the order
- what the respondent (the person the order is about) thinks of the order
- what the protected people think.
You may have more than one hearing. Every case is different.
Your hearing will be held at the Children’s Court listed on your paperwork.
It is important to go to the hearing so the magistrate can hear your views. You can ask the court to hear your case online. You will need a lawyer to arrange this for you.
If you don't go to court, and a lawyer hasn't been arranged to go to court for you, the court may make a decision without hearing from you. The magistrate may then make an order you don’t agree with.
How a lawyer can help you
Getting paperwork from the court or police can be confusing. A lawyer can explain what it means and help you understand your options.
Intervention orders are taken very seriously by the court and police. If you’re the respondent and you don’t follow the rules on an intervention order, the police can charge you with a criminal offence. If you are an applicant or affected family member, it’s important to make sure you get a say about what protection you want from the intervention order.
A lawyer can:
- help you understand what an intervention order means, including an interim order
- give you advice on what your options are, explain your rights and any rules you must follow
- talk to police or other people involved and explain your views and negotiate a resolution
- talk for you in court.
Every young person has the right to talk to a lawyer. It’s OK to ask for help.
The lawyer is free and is specifically there to help you through the intervention order process. Anything you say to the lawyer is private. You can ring a lawyer before court, or you can come to court and ask to see a duty lawyer.
Where to find a lawyer
Victoria Legal Aid can provide free legal advice and information. Contact us on 1300 792 387, Monday to Friday, 8 am to 5 pm, or chat to us online using Legal Help Chat.
Victorian Aboriginal Legal Service (VALS) is a free legal service for Aboriginal and Torres Strait Islander people. Contact them on 1800 064 865 or vals@vals.org.au
Other places that can help
You don’t have to deal with an intervention order on your own. There are people who can help you.
Frontyard
Frontyard is a Melbourne youth support service that can help with accommodation. They are located at 19 King St Melbourne. Call 1800 800 531 or visit their website https://www.mcm.org.au/services/homelessness/frontyard
Kids Helpline
Kids Helpline offer 24-hour phone support and counselling. Call 1800 551 800 or visit their website www.kidshelpline.com.au
Headspace
Headspace can help with mental health support and counselling. Call 1800 650 890 or visit their website www.headspace.org.au/eheadspace
QLife
QLife is a support service for LGBTIQA+ young people. Call on 1800 184 527, 7 days a week, 3 pm to 12 pm. Visit their website at www.qlife.org.au
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