Apply for an Intervention Order FAQ
Who can apply for an intervention order?
Any person can apply for an intervention order either under the Family Violence Protection Act 2008 where there is a family relationship, or under the Personal Safety Intervention Orders Act 2010 if no family relationship exists.
How do I apply for an intervention order?
An application for an intervention is made to the Registrar of the Magistrates’ Court of Victoria. An appointment is necessary at some metropolitan courts, so it is best to call in advance to organise a booking. An application for an intervention order should be made at the court closest to where you live. A member of the Victoria Police may also assist you when making an application for an Intervention Order.
Are Intervention orders and restraining orders the same things?
Yes, each state and territory can have different wording to describe Intervention Orders. It generally depends on the legislation governing the particular state or territory.
Do I need a lawyer for an interim intervention order proceeding?
Intervention orders are serious. It is important you understand exactly what an intervention order is and how it will affect you. It is also important you understand the options available to you. Getting some legal advice will help you understand the process, your rights and your options.
If you are a respondent to a family violence intervention order proceeding and you intend to contest an order being made against you, you will not be allowed to give the court your version of events or call any evidence or witnesses to dispute what has been alleged in the application unless you have a lawyer representing you. The registrar of your local court can assist you with further information about respondents needing representation at contested hearings.
Can my partner and I have one intervention order that protects both of us?
No, your partner and yourself must make separate applications.
I have been told that I need to know the full name and address of the person that I need an intervention order against, is this true?
It is really important to have as many details as possible when making an application for an intervention order otherwise the order will not able to be given to the respondent by police and the effect of the order will have no value. The court may not be able to process your application depending on the information you provide. Contact your local court for further information if this situation applies to you.
How much does an intervention order cost?
There is no fee attached to Intervention Orders, for either party. If you are legally represented, naturally you will have to pay the legal costs of your solicitor. You should discuss this with your solicitor.
Will the Court arrange an interpreter for me?
The Magistrates’ Court will provide interpreter services for either party involved in an intervention order proceeding. If you know that you require an interpreter for a specific day, you should provide the Court with as much notice as possible to ensure an interpreter is available on that day.
Please don’t hesitate to contact me on 0429002136 if you have any queries.