Intervention orders are critical tools designed to protect individuals from harassment, violence, or threats.
In Victoria, the distinction between an interim intervention order and a final intervention order is significant, and understanding their differences is essential for anyone navigating these legal protections.
This guide provides an overview of their purposes, processes, and implications under Victorian law.
Table of Contents
What is an Intervention Order?
An intervention order is an Order issued by a Magistrate to protect a person from various forms of proscribed behaviour including abuse, threats, coercive control, harassment, stalking, and violence (physical or verbal). Under Victorian law, there are two types of intervention orders:
Family Violence Intervention Orders – designed to protect individuals from family members who pose a threat.
Personal Safety Intervention Orders – aimed at addressing threats from individuals outside the family context.
Both types of orders are divided into two categories: interim and final.
What is an Interim Intervention Order?
An interim intervention order is a temporary order issued by the court to provide immediate protection for the applicant. It serves as a short-term safeguard until the court can conduct a full hearing to determine whether a final order is necessary.
Key Features of an Interim Intervention Order:
Urgency: Interim orders are granted when there is an immediate risk to the safety or wellbeing of the applicant.
Temporary Nature: These orders remain in effect until the court can hold a detailed hearing to decide on the final order.
Low Evidentiary Threshold: The magistrate need only be satisfied that there is sufficient evidence to warrant temporary protection.
For example, in the context of a Personal Safety Intervention Order, if someone fears imminent harm from a partner or neighbour, they can apply for an interim intervention order, which can be issued quickly to ensure their safety.
What is a Final Intervention Order?
A final intervention order is a long-term legal measure that comes into effect after a court hearing. Unlike interim orders, final orders are issued based on a thorough examination of evidence and arguments from both parties.
Key Features of a Final Intervention Order:
Duration: Final orders are fixed for a period defined by the Magistrate. Typically, the duration of a Final Order will be for 12 – 24 months. However, if the Magistrate believes the circumstances of a case warrant an Order for a longer duration, they have an open discretion to do so. Additionally, a Magistrate may make an Order for an Indefinite period.
Evidence-Based: The decision to grant a final order is made after the court has reviewed all evidence and heard testimony from the applicant, the respondent, and any witnesses. The presiding Magistrate will turn their mind to whether this evidence on the balance of probabilities supports a finding that family violence/prohibited behaviour occurred, and is likely to reoccur unless a Final Order is made by the Court.
Binding Conditions: Final orders often include detailed conditions to prevent further harm, such as prohibiting contact, harassment, or being within a certain distance of the applicant.
Understanding the Differences Between Interim and Final Orders
Understanding the differences between interim and final intervention orders is crucial:
Purpose
Interim Intervention Order: Provides temporary, urgent protection.
Final Intervention Order: Offers long-term protection following a hearing.
Duration
Interim Intervention Order: Effective until the final hearing.
Final Intervention Order: Specified period or indefinite.
Evidence Requirement
Interim Intervention Order: Requires preliminary evidence of risk.
Final Intervention Order: Requires a full examination of all evidence.
Process
Interim Intervention Order: Often granted in an ex parte hearing (applicant only).
Final Intervention Order: Can be made ex-parte (in the absence of a respondent, provided certain conditions are met), by consent, or upon a finding by the presiding Magistrate at the conclusion of a contested hearing.
Conditions
Interim Intervention Order: May be broad to ensure immediate safety.
Final Intervention Order: Tailored to long-term circumstances.
The Application Process for Intervention Orders in Victoria
The process of obtaining an intervention order in Victoria involves several steps:
Filing an Application: The applicant must lodge an application at the Magistrates’ Court. This can be done in person or through legal representation. The case is listed for a mention. Where the police are involved in an Intervention Order (Family Violence or Personal Safety), the police applicant will file an application. Often, the police will serve a Family Safety Notice requiring a respondent to vacate property, as part of their application on behalf of an Affected Family Member. Typically, the case will be listed in Court 7 days after the service of the Family Safety Notice on the respondent, at which time the Court will consider the police application for an intervention Order.
Mention Hearing: At this stage, the magistrate may issue an interim intervention order if they believe immediate protection is necessary.
Serving the Order: Once an interim order is granted, it must be served on the respondent to notify them of the conditions and the court date for the final hearing.
Directions Hearing: Where the application for an intervention order is disputed, the Court lists a Directions Hearing, to confirm how long a contested hearing is likely to run, how many witnesses are to be called by the applicant and respondent, and whether the issues in dispute can be narrowed. Often by this stage the Court will have ordered that the applicant and respondent file documents (further and better particulars) to assist the Court in narrowing the issues in dispute.
Final Hearing: Both parties present their evidence, and the court determines whether to grant a final intervention order.
Breaching an Intervention Order
Breaching either an interim or final intervention order is a serious offence under Victorian law. If the respondent violates the conditions of the order, they can face criminal charges, including fines and imprisonment.
Victims should report any breaches to the police immediately. The legal system in Victoria takes such violations seriously to ensure the safety and wellbeing of protected individuals.
Key Considerations for Applicants and Respondents
For Applicants:
Clearly articulate the risks and provide evidence when applying for an order.
Understand that interim orders are temporary and aim to bridge the gap until the final hearing.
Seek legal advice to prepare for the final hearing.
For Respondents:
Take interim orders seriously and comply with all conditions, even if you plan to challenge them.
Attend the final hearing to present your case and evidence.
Consult a lawyer to understand your rights and responsibilities.
Seeking Legal Assistance
Navigating the complexities of intervention orders can be overwhelming, especially when personal safety is at stake. Engaging an experienced lawyer can make a significant difference in understanding your rights and options.
Legal professionals can assist with:
Filing applications.
Representing clients in hearings.
Advising on compliance with order conditions.
If you need assistance with an interim intervention order or final intervention order, contact Pascoe Criminal Law for expert legal guidance. Protecting your rights and safety is our priority.
Understanding the differences between interim and final intervention orders is crucial for navigating Victoria’s legal system. Whether you are defending an intervention order, staying informed and seeking professional advice can ensure the best outcome for your case.
