How to Apply for an Intervention Order

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Intervention Orders: The Application Process

When you get to Court, make your way to the registry counter. The registrar will note that you have arrived. If you are nervous about coming to court, you can bring a friend or support person with you.

If you haven’t already, you’ll be asked to fill in an Intervention Order Application Form. The registrar will let you know where you can sit to fill in the form. You may have to wait to see the registrar.

The Registrar will meet with you in a private interview room to talk about your application. They can let you know about the application process and what will have when you come back to court. You may be asked now for more details about what you put on your form. At any time during this interview, you can ask the Registrar for a break, or ask with speak to a Support Worker.

After this interview, the Registrar will type up your application. You will then be asked to read over your application, confirm the information is correct, and sign all pages.

The Registrar will lodge your application. They will also ask you if you want a temporary order, which is called an ‘interim intervention order’. This gives you protection until you come back to Court. If you want this protection, tell the Registrar. You will need to go into the courtroom and ask the Magistrate for an interim intervention order. You might have to wait at court for a while before you are called into the courtroom. The Registrar will also let you know when you application will come back to Court. The Court will send your application, and any orders made, to the police station closest to where the Respondent lives. Police will then attempt to serve the application and any interim intervention orders on the Respondent. This means the police will give the order to the respondent face to face.

Please remember that intervention order applications and any interim intervention orders made are not valid until police serve them on the Respondent face to face. At this time, the police will explain the order, or orders, to the Respondent.

If the Police attended a family violence incident that involved you, they can apply for an intervention order on your behalf. They will give you a copy of the application, and tell you which Court to go to and on what day. This means you will not have to have an interview with a Registrar, as the Police do this for you. The police can also apply for a temporary, or interim order, on your behalf.

 

The Application Process: Four Steps

1. Phone your nearest Magistrates’ Court.

This is to arrange a time to come in and have your application processed. Enter your location to find your nearest Court:

The Registrar will answer any questions you have about the Court process and what to expect when you attend. If you have a disability or require an interpreter, please discuss this with the Registrar.

Applying for an Intervention Order can take a number of hours. When you make your appointment, please ensure you allow sufficient time.

Visit the Safety Information section of this site for details about how to remain safe before, during and after an Intervention Order is made. There are community service agencies that can help keep you and your children safe, such as Safe Steps.

2. Attend your Court appointment.

Bring with you:

  • dates and times of family violence incidents;
  • copies of police statements (if relevant);
  • copies of any current Court orders, including Family Law, Child Protection or VCAT; and
  • letters, emails, text messages or photographs you want to include as evidence in your application.

You do not have to bring witnesses to make an Intervention Order application. If you do have witnesses who can support your application, they are required only if the matter is adjourned for a contested hearing. When at Court for your appointment, you can ask to speak to a Support Worker or any support services or legal services.

3. Fill out the information form.

You will be asked to complete an  information form (if it is possible, complete this form before you come to Court). Importantly, you don’t have to disclose your address, but you will need to give details about why you need an Intervention Order, children you want to include on your order, and what conditions you want made.

If you have questions about the form, speak to a Court Registrar by phone before you come to Court, or on the day you attend. You can also request assistance from a lawyer.

4. Registrar interview.

You will join the Registrar in an interview room and he/she will explain the application process. You will have the opportunity to tell your story, and the Registrar will discuss with you the details on your Application Form. This is to ensure the Magistrate gains as much information as possible.

The Registrar types up your application and it is then given a date to return to Court. You will, however, be asked if you want an ‘Interim Intervention Order’. To do this, you will have to appear before the Court. Interim orders are provided if people believe they need immediate protection from the Respondent, before the Respondent is aware of the Intervention Order application.

This page was last updated: 
Thursday, November 26, 2015 - 12:35