An application for an Intervention Order must come before the Court so a Magistrate can decide whether or not to grant it.
The Affected Person and the Respondent will be seated in the Courtroom’s front row. They sit behind their lawyers, who sit at the bar table.
If the Affected Person has applied for the order, their lawyer will sit closest to the witness stand. If the Police have applied for the intervention order on behalf of the Affected Person, the police prosecutor or police lawyer will sit closest to the witness stand. The lawyer for the Respondent will sit at the end of the bar table, closest to the door.
At the start of the hearing, the Magistrate will ask the parties to outline what the intervention order application is about, and if they have come to an agreement between their lawyers. If the parties have not come to an agreement, the Magistrate may ask the affected person to give evidence about the information in their application.
A witness can choose to take an oath and swear on the Bible or other religious text. They can also choose to make an affirmation. This is a promise to the Court to tell the truth.
If the respondent does not come to court, the Magistrate may still ask the affected person to give evidence about the information in their application. This is so they have all the information they need to make a decision about the application.
When You Arrive at Court
First, check in with the Registrar. Your attendance at Court will be recorded and you will be asked if you want to speak to a Duty Lawyer. The Registrar will tell you which courtroom your matter will be heard in, and direct you to the appropriate waiting area.
You can also ask the Registrar any questions about the Intervention Order process. If you are uncomfortable asking the Registrar, you can ask your lawyer, a Duty Lawyer or the Respondent Support Worker.
REMEMBER: You may be at court all day. There may also be a number of hearings and court dates before the Court makes its decision. Please ensure you allow enough time, and understand that you may have to visit Court more than once.
You may wish to bring food and water to court with you.
The Affected Family Member (AFM) and Court
If police took out the application against you – and the AFM does not attend Court – the police may still ask for an Intervention Order to be made against you. This is because it is the police’s application, not the AFM’s. Even if the AFM does not want to proceed with the Intervention Order, the police still have the power to apply for one.
If the affected family member (AFM) who took out the Intervention Order Application does not attend Court, the application can be struck out/withdrawn. If the AFM requested the application be adjourned, the Magistrate will consider whether to grant the request or strike the application out.