by An Intervention Order is a court order that protects people from being threatened, bullied or abused. They can be made in both family violence situations and personal safety cases.
In some family violence cases, the police are the applicants for an Intervention Order on behalf of a family member or protected person. This can create a tricky situation for those on the receiving end of the application.
Family violence
Family violence can happen in all relationships, including between current or former intimate partners, between parents (or step-parents) and their children, between grandparents, grandchildren, uncles, aunts, nieces and cousins, and between people who have a disability or who are in care.
Abuse of a person in these types of relationships can be physical, sexual or psychological. Usually, abuse involves controlling someone, making them feel guilty about their feelings or beliefs and threatening to harm them, their children or others they care about.
Abuse can be repeated over time and affect a person’s short- and long-term behaviour patterns. It can also impact their health and wellbeing and social and community wellbeing.
Interim orders
Interim orders are legal declarations issued by judges that resolve a dispute and outline the obligations which each party must perform. They can also be used to impose restraints on the behaviour of a party in court proceedings.
Interim custody orders can be issued for children who are involved in a divorce or settlement proceeding. These orders usually establish where the child lives and how much time they get with each parent.
An intervention order lawyer can help you obtain a temporary custody order. They can also assist you with obtaining a spousal support or child support interim order.
Final orders
A final order is an order that disposes of all claims and of all parties.
This can include a final judgment from a trial court or an administrative law judge.
It can also include an order denying or granting temporary maintenance, child support, custody, visitation or counsel and expert fees, exclusive occupancy of the marital home or a temporary order of protection.
A nonfinal order may be reviewed on appeal if it “necessarily affects” the judgment, or if it was entered under certain conditions described in CPLR SS5501(a).
If you are seeking an intervention order, it is important to seek legal advice from a lawyer. This will ensure you are able to obtain an appropriate order and defend against any breaches.
Conditions of an intervention order
An intervention order is a court order which helps protect you or someone else from violence, abuse or being harmed. They can be made to stop family violence or personal safety, and can contain conditions (rules) that the person (called the respondent) must follow.
These can include things like not being near you, or not contacting you. They can also be changed at any time by the registrar or family violence practitioner.
You should get legal advice before making an application for an intervention order. Then you should think about how the order will benefit you or others and whether it would be appropriate.
Obtaining legal advice
If you have a family member or partner who makes you feel unsafe or you fear that they will hurt you, you can apply to the court for an intervention order. This can be at a magistrates’ court or a local court.
Your lawyer can give you legal advice about your options and the likely outcome of your application to court. They can also help you prepare for the hearing and represent you in court.
When applying for an intervention order, provide the court registrar with as much evidence as you can. This includes your story, police statements and any other relevant documents.
