When you feel that living in your own home is not safe anymore because of an abusive family member, then maybe it is time for you to find some sort of protection. One way of doing this is by applying for an intervention order.
Conditions for Issuance
The Magistrate can issue an order under the Crimes (Family Violence) Act 1987. The purpose is to protect you from a household, family member or someone that have close relationship with you. The magistrate can issue it based on either of these conditions:
Regardless of what happen in the past, the magistrate will only grant an intervention order if there is strong evidence that the respondent will do these things again. It is also possible for the court to issue an order even if there is no violence committed. It may take awhile before the court approves it.
What Can You Do If You Need Protection Now?
If you need protection right away, you can apply for an interim. The court will issue a temporary order to the respondent that cover two to three weeks, which is also the time for court hearings to be complete. Once the court hearings is complete, the magistrate will decide the length of the intervention order that is suitable, which may range from months or years.
What You Should Know About Intervention Orders
The application for an intervention order is not criminal procedure, but a civil one. This only means that when the court issue the order, the respondent will not receive any criminal records even if there is a police involved. However, if the respondent breaks any of the condition stated in the order, he will commit a criminal offence.
To protect you from the respondent, the court will issue restrictions on the behaviour of the other person, which may include:
With the help of an intervention order, you will be able to get the protection that you need.