Safe at Home: Getting Family Violence Intervention Orders

Understanding Family Violence Intervention Orders

Family violence intervention orders are legal tools designed to protect people from family violence and help them feel safe at home. Whether you're experiencing violence yourself or are concerned about someone else's safety, understanding how these orders work is crucial for accessing protection and support.

What is Family Violence?

Family violence is not just physical abuse. It includes a wide range of behaviors used to control, dominate, or cause fear in family relationships:

• Physical violence: Hitting, pushing, choking, or any physical harm
• Sexual abuse: Forced sexual activity or sexual coercion
• Emotional abuse: Put-downs, threats, intimidation, or isolation
• Psychological abuse: Mind games, gaslighting, or controlling behavior
• Economic abuse: Controlling money, preventing work, or financial manipulation
• Spiritual abuse: Using religious or cultural beliefs to control
• Social abuse: Isolating from friends and family
• Stalking: Following, watching, or persistent unwanted contact
• Property damage: Breaking belongings or threatening to destroy things
• Threats to pets: Hurting or threatening to hurt animals

Who Can Apply for Protection?

Several people can apply for a family violence intervention order:

• The person experiencing violence (affected family member)
• Police officers (most common applicants)
• Family members or friends on behalf of the affected person
• Child protection workers
• Other authorized persons in specific circumstances

Types of Family Violence Intervention Orders

Interim Orders

• Temporary protection while case is being decided
• Can be made quickly, sometimes without the respondent present
• Provide immediate protection
• Last until final hearing or further court order

Final Orders

• Made after full court hearing
• Can last up to 12 months (or longer in special cases)
• Include specific conditions the respondent must follow
• Breach is a criminal offense

How to Apply for an Intervention Order

What Information You'll Need

When applying for an intervention order, you'll need to provide:

• Personal details: Your name, address, and contact information
• Respondent details: Name, address, and description of the person
• Relationship details: How you're related to the respondent
• Incident details: What happened, when, and where
• Evidence: Photos, messages, medical records, witness details
• Protection needed: What conditions you want in the order
• Children involved: Details of any children who need protection

Common Order Conditions

Intervention orders can include various conditions to ensure safety:

The Court Process

What Happens at Court

• First mention: Initial court appearance to discuss the application
• Legal representation: Both parties can have lawyers
• Respondent's options: Can consent, contest, or negotiate conditions
• Evidence presentation: If contested, both sides present their case
• Magistrate's decision: Court decides whether to make final order

Preparing for Court

• Gather all relevant evidence and documents
• Prepare a clear timeline of incidents
• Identify potential witnesses
• Consider what protection conditions you need
• Seek legal advice if possible

Safety Planning

While waiting for court proceedings, it's important to have a safety plan:

• Emergency contacts: Keep important phone numbers accessible
• Safe places: Identify where you can go if you need to leave quickly
• Important documents: Keep copies of ID, bank cards, and legal papers
• Emergency bag: Pack essentials in case you need to leave suddenly
• Children's safety: Plan for children's safety and care
• Communication: Use safe methods to contact support services

Getting Legal Help

Support Services

Various support services are available to help you through this process:

Crisis Support

• Safe Steps: 1800 015 188 (24/7 family violence response)
• 1800RESPECT: 1800 737 732 (24/7 counseling and support)
• Lifeline: 13 11 14 (24/7 crisis support)

Ongoing Support

• Family violence support services: Counseling and practical support
• Housing services: Help finding safe accommodation
• Financial assistance: Emergency financial support
• Children's services: Support for children affected by family violence

After Getting an Order

Once you have an intervention order:

• Keep copies: Always carry a copy of the order
• Report breaches: Contact police immediately if order is breached
• Stay safe: Continue safety planning and accessing support
• Court compliance: Attend any required court dates
• Renewal: Apply to extend order before it expires if needed

Impact on Children

Family violence intervention orders can affect children in various ways:

• Children can be protected persons on orders
• Orders may affect parenting arrangements
• Court considers children's best interests
• Support services available for children
• May need coordination with Family Court orders

Cultural and Language Support

Support is available for people from diverse backgrounds:

• Interpreters: Free interpreting services at court
• Cultural support: Services that understand cultural needs
• Community organizations: Culturally specific support services
• Religious considerations: Support that respects religious beliefs