Intervention Order Lawyers

Intervention Orders:

Family Violence Safety Notice

What is a Family Violence Safety Notice?

A Family Violence Safety Notice (“Safety Notice”) provides urgent, temporary protection for an Affected Family Member (“AFM”), their property and/or their children. A Safety Notice serves to protect an AFM before an Intervention Order application is heard in Court.

A police officer can issue a safety notice on the spot after applying to a sergeant or higher-ranking police officer. The police officer can make the application without the AFM’s approval. Once a sergeant or higher-ranking police officer agrees to issue a Safety Notice, a copy must be served on the Respondent and provided to the AFM.

The police offer will then file the Safety Notice with the Magistrates’ Court. This will constitute an application by police for a Family Violence Intervention Order and a court summons for the Respondent to appear on the first mention date.

A Safety Notice may contain similar conditions to a Family Violence Intervention Order including:

  1. Prohibiting family violence;
  2. Excluding the Respondent from attending the AFM’s residence;
  3. Directing the Respondent to return the AFM’s property;
  4. Prohibiting the Respondent from approaching, telephoning or contacting the person without the presence of a police officer or specified person;
  5. Prohibiting the Respondent from going within a specified distance to the AFM; and
  6. Prohibiting the Respondent from engaging another person to behave in a way contrary to the conditions.

The Safety Notice cannot include any conditions that direct the Respondent to revoke or suspend a weapons approval or weapons exemption, or to cancel or suspend a firearms authority in the same way that a Family Violence Intervention Order can. If a person breaches the conditions of a Safety Notice, they may be arrested and charged with a criminal offence.

The application for a Family Violence Intervention Order will be heard in Court within 5 working days after the Respondent has been served. The Magistrate will then decide whether an Interim or Final Family Violence Intervention Order should be granted.

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