I’ve been given paperwork about an intervention order. What is this?
If someone is worried about their safety or the safety of another person, they (or the police) can apply for an intervention order. It might be called a family violence intervention order or a personal safety intervention order. An intervention order is a court order to keep people, their pets and property safe. The order has rules called conditions that must be followed. Your paperwork should include:
- a copy of the application for the intervention order. This includes the court hearing date.
- a copy of the interim order (if one has been made). This is a temporary order that lasts until the court makes a new decision in the case.
An intervention order is an order only a magistrate (judge) can make. The police, the other people involved, your parents or you cannot change or make an order – only the magistrate can decide when the order starts, changes or ends.
What is the court hearing for?
This is a meeting where the magistrate decides whether to make an order. The magistrate will ask the person who applied why they need the order, what the respondent thinks of the order and what the protected people think. You may have more than one hearing. Every case is different.
Do I need to go to court?
Hearings are held at the Children’s Court listed on the paperwork you have been given. You can ask the court to hear your case online, but you need to speak to a lawyer arrange this for you. If you don't come to court and a lawyer hasn't been organised to go to court for you, then the Court will not be able to hear your views, and the magistrate may make an order in your absence that you do not agree with.
How can a lawyer help?
Getting paperwork from the court or police can be confusing. The court and police take intervention orders very seriously. For example, 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
- speak to police or other people involved and explain your views and negotiate a resolution
- speak for you in court
Every young person has a right to speak to a lawyer. 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 get help
Lawyers
Victoria Legal Aid, free legal advice, 1300 792 387, Monday to Friday, 8 am to 5 pm, or webchat at www.legalaid.vic.gov.au
Youthlaw, a free legal service for young people, (03) 9113 9500, Monday to Friday, 9 am to 5 pm, or email legal@youthlaw.asn.au
Victorian Aboriginal Legal Service (VALS), a free legal service for Aboriginal and Torres Strait Islander people, 1800 064 865, vals@vals.org.au
Other places that can help
Melbourne Youth Support Service, Frontyard, for help with accommodation, 19 King St Melbourne, 1800 800 531
Kids Helpline, phone support and counselling, 24 hours a day, 1800 551 800, www.kidshelpline.com.au
Headspace, mental health support and counselling, 1800 650 890, www.headspace.org.au/eheadspace
QLife, support service for LGBTIQA+ young people, 1800 184 527, 7 days a week, 3 pm to 12 pm, www.qlife.org.au
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