What are the types of intervention orders?
An Intervention Order is a court order, which protects an individual person or persons from others who are violent or cause them to feel unsafe. To protect the person, the IVO limits what the individual can do or how they can act.
The person who applies for the IVO is referred to in the order as a protected person, while the person who the IVO applies to and limits their actions, is referred to as a respondent. There can be multiple people listed as protected persons on an IVO.
Types of intervention orders
There are two types of intervention orders:
Family violence Intervention order
Personal safety Intervention order
Family Violence Intervention Order
A family violence IVO is used to protect a family member from further acts of family violence.
Family violence occurs when a family member acts in a way to control, intimidate or harm their partner or a member of the family. Even if a family member's behaviour is not directed towards a child, it still constitutes family violence if the child hears, witnesses, or is exposed to the concerning behaviours.
There are many different behaviours that constitute family violence. Some examples include sexual violence, physical violence, property damage, economic violence, emotional social or psychological violence, threats, coercion, control, dominating or terrorizing a person.
Personal Safety Intervention Order
A personal safety intervention order can be made if you have experienced property damage, violence, stalking, threats, or harassment from someone who is not a partner, ex-partner, or family member.
This can include your neighbour, friend, student, co-worker, landlord, tenant and even a stranger.
What is the difference between an interim and a final intervention order?
An interim intervention order is a temporary court order that provides the protected person with immediate protection from the respondent. An interim order can be made without the respondent being present at court or being aware of the application. It will last until a final order is issued or the application is withdrawn.
A final intervention order can be granted by a magistrate, for the intervention order to last for a longer term ensuring that the protection continues beyond interim order. A hearing will be required for evidence to be presented on whether a final interim order should be granted. The magistrate will decide the length of time for which that the final intervention order will continue.
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