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

Glossary

Be Informed

The terms of an Intervention Order

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:

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

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).

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Have you been served with an intervention order?

What to do:

One Intervention Order

Check the details of the court hearing including the date, time and location. Ensure that you do not miss this court date otherwise the court may determine the case in your absence, adjourn the case and issue a warrant or make an intervention order with respect to a child.

Second Intervention Order

Understand who the intervention order is protecting. There may be a number of people listed including children (checked both Affected Family Members and Protected Persons). 

Three Intervention Order

The application will explain why the applicant is seeking an order against you. Start to think about whether you agree or disagree with the application.

Four Intervention Order

If you have been served an interim intervention order, review the conditions of the order and ensure that you do not breach any of the conditions even if you disagree with them. You will have an opportunity at court to contest the order against you.

Five Intervention Order

You should then contact our office for advice. We recommend that this occur prior to the first court hearing to ensure that you receive advice on the best course of action moving forward.

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