If you have been served with an intervention order or a family violence safety notice, it is important to obtain legal advice as soon as possible. This can help you avoid the negative effects of an intervention order lawyer and may result in you having an opportunity to withdraw the application.
What is an intervention order?
An intervention order is a legally enforceable order from the Magistrates’ Court, which can protect you and your family from family violence. It can also prevent someone from being near you, contacting you or damaging your property.
It can be issued by a police officer or it can be applied for on your behalf directly to the Magistrates’ Court.
It is important to understand that an Intervention Order is civil in nature and will not appear on your criminal record, but if you breach it you may be criminally charged by the police. It can be a difficult and intimidating process to deal with, so it is essential that you get the right advice.
Who can apply for an intervention order?
You can apply for an intervention order at the Magistrates Court if you’re a victim of domestic violence, or the police may make an application on your behalf.
In South Australia, you can apply for a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO).
A FVIO is designed to protect a person from domestic abuse by preventing the defendant from contacting or coming near the protected person, and from assaulting, threatening, stalking or harassing them.
What are the conditions of an intervention order?
An Intervention Order is a legally enforceable order from the Magistrates’ Court that prohibits certain behaviours that may put another person at risk.
There are two main types of orders: Personal Safety Intervention Orders (“PSIO”) and Family Violence Intervention Orders (‘FVIO’). A PSIO is a protective order that prohibits a person from contacting you or being near your property.
FVIOs are orders that prevent someone from using physical, emotional or sexual violence against you. This can include a spouse, de facto partner, parent, child, sibling, relative (by birth, marriage or adoption) or any person treated like a family member.
How long does an intervention order last?
An intervention order is a legal document that gives someone else power to make decisions on your behalf. This might include signing documents, selling your house or deciding where you should live.
An order usually lasts for a year, but you can apply to extend it if the person continues to behave in a way that you are concerned about.
The Intervention Order process is not a quick one, but it is well worth the wait if you feel that you have been subjected to domestic violence. Our experienced team of lawyers will work hard to protect your rights and freedoms.
Can I consent to an intervention order without admissions?
You can consent to an intervention order without agreeing to everything that was said about you in the application. This is called ‘consent without admissions’.
You may wish to do this to avoid having to go to a court hearing or because you want to avoid a criminal record.
The court normally makes an intervention order for 12 months. However, it can be made for longer or shorter if you ask.