Intervention Order Lawyers

Intervention Order Terms

Common Terms In Intervention Order Proceedings

Affected Family Member/Protected Person – The person who has been affected by the Respondent’s behaviour and requires protection for themselves, their children and/or their property.

Applicant – The person who is applying for the intervention order.

Associate – With regards to a Respondent, it is a person who is so closely connected with them, that the Respondent can directly or indirectly influence their actions. With regards to an Affected Family Member, it is someone who provides assistance and support to the Affected Family Member.

Contested Hearing – Where a party to the proceedings are contesting the final determination of the application.

Counselling Order – In certain circumstances, the Magistrate can order a male Respondent to attend counselling to increase their accountability and encourage a change in behaviour.

Court – The Magistrates’ Court or the Children’s Court.

Damage property – Intentionally damage or threaten any property of the Affected Family Member.

Directions Hearing – A short administrative hearing that allows the parties to negotiate. If the parties fail to reach an agreement, the matter will be adjourned for a contested hearing.

Economic Abuse – Controlling another person by denying them economic or financial autonomy and withholding financial support necessary to meet reasonable living expenses.

Emotional or Psychological Abuse – Behaviour towards a person by torment, intimidation, harassment or offence.

Exclusion Condition – A condition may be included on a family violence intervention order that excludes the Respondent from the Affected Family Member’s residence.

Family Violence Safety Notice – A safety notice may be issued by police at a family violence incident. This acts as an application to the Magistrates’ Court for a family violence intervention order and a summons to attend Court.

Final Intervention Order – A final intervention order to protect a person, their children and/or their property from the Respondent.

Firearms Authority – A license, permit or other authority under the Firearms Act 1996 (Vic) to possess, carry or use firearms.

First Mention Date – The first date on which the proceeding for the application is listed before the court. If the parties cannot reach an agreement, the proceedings may be adjourned for a Directions Hearing.

Follow/Surveillance – Follow the Affected Family Member or keep them under surveillance.

Interim Intervention Order – A temporary intervention order designed to provide urgent protection. The purpose is to protect the Affected Family Member until the Magistrate makes a final decision.

Mention Date – This can be the first mention date or another date which the proceeding is listed on other than a contested hearing or an appeal hearing.

Publish – This can be by publishing in a newspaper, television, radio or internet.

Respondent – The Respondent is the person an application has been made against, an intervention order has been made against or a family violence safety notice has been issued against.

Weapon – An article that is a prohibited weapon or a controlled weapon under the Control of Weapons Act 1990 (Vic).