An Intervention Order is a court order that can protect survivors from further abuse. Intervention Orders can be applied for at the local Magistrate’s Court. This can either be done by the person experiencing the abuse, or the police may apply for one on their behalf.
The police are obliged to take out an Intervention Order whenever the safety, welfare, or property of a family member appears to be endangered by another (Police Standing Orders). They are also required by law to do a welfare check of occupants of the house.
Intervention Orders contain conditions aimed at preventing future violence, such as making it illegal for the offender to enter or come near the survivor’s home.
The Family Violence Protection Act 2008 covers physical, sexual, emotional, psychological and financial abuse. People covered by the Act include a carer in a ‘family-like relationship’ (eg: “like a daughter”), a spouse or partner, a relative, a child who regularly resides with the person and a person who is ‘like a family member’.
Carers who are found to be engaging in abusive behaviour do not have to be excluded from the home, but can be told by the Court to refrain from the abusive behaviour.
- Steps 2 Safety – explaining the Family Violence Intervention Order process (Eastern Community Legal Centre)