Intervention Order Lawyers

  • 03 8391 8411
  • 0423 729 686
  • Level 1, 91 William Street, Melbourne
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Aston Legal Group
Intervention Order Lawyer
  • 03 8391 8411
  • 0423 729 686
  • Level 1, 91 William Street, Melbourne

How Long Does an Intervention
Order take to be served?

When Does an Intervention Order Start?

It is vital for both the Affected Family Member (AFM) and the Respondent to know when an Intervention Order begins.

If an AFM applies for an Intervention Order, and there is no risk of immediate protection by way of an interim order, the Respondent will be served with a copy of the Application and a court date. The Respondent must be served as soon as practicable after an application for a Family Violence Intervention Order is made.

Once a Family Violence Intervention Order has been made, whether it be Interim or Final, it will begin once it has been “served” on the Respondent. If the Respondent is at the court hearing, the Magistrate will affect service by verbally explaining the conditions of the order to them. Alternatively, the court staff will physically hand the Respondent the order after the hearing. If the Respondent was not at court, the Police can serve the order on the Respondent in person and explain the conditions of the order.

When do the conditions of an Intervention order take effect?

This is an important element of the Intervention Order process, as from the moment of service, the AFM will have protection and the Respondent must abide by the conditions. In some cases, if service has not yet occurred, it may not be safe for an AFM to return home. For Final Intervention Orders, the date of service will start the clock on the length of time the Magistrate has made the order for, which both parties must be aware of.

What is Substituted Service of an Intervention Order?

Service can still be achieved even where the Respondent does not come to court and cannot be located by police to be served personally. The Magistrate can make an order for ‘substituted service’, allowing the police to serve the intervention order on another person such as a manager or family member, or most commonly, by email.

How long does it take to serve an intervention order?

On most occasions, it can take Victoria Police approximately 3-5 days to serve an Intervention Order on a Respondent. This of course is dependent on whether they are able to locate the Respondent or are aware of their residential address. In some circumstances, it can take longer for a Respondent to be served with an Intervention Order due to the workload of a particular Police Station at the time. If you wish to receive an update as to whether an Intervention Order has been served upon a Respondent, you can contact the Magistrates’ Court who are usually able to advise if service has been completed.

The Next Step

If you would like advice about your intervention order matter and wish to obtain an understanding of the options available to you, contact 8391 8411 to book a free 30-minute consultation with us to discuss what steps you should take next. We look forward to speaking with you.

Please note that this article contains general information and should not be considered as legal advice. It is important to speak with a lawyer that can provide advice relevant to your specific circumstances.

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