Family Violence and Intervention Orders (Restraining Orders)

What is Family Violence And Intervention Orders?

Family Violence refers to violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful.
Family violence can include physical abuse, sexual abuse, financial abuse and emotional abuse. Specific examples can include the following behaviour:

• • A physical or sexual assault
  • other sexually abusive behaviour;
  • stalking;
  • repeated derogatory taunts;

• intentionally damaging or destroying property;
• intentionally causing death or injury to an animal;
• unreasonably denying the family member financial autonomy
• unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support;
• preventing the family member from making or keeping connections with his or her family, friends or culture;
• unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

How To Get An Intervention Order

Children are seen as being exposed to Family violence in a number of circumstances, including if they have witnessed or overhead an assault, have comforted a family member after an assault or have been present when police or ambulance officers attend an incident involving an assault.

 

Individuals who are victims of Family Violence can apply for an Intervention Order (sometimes referred to as a ‘restraining order’). Such Orders are made by a Magistrate, usually at a local Magistrates Court with an aim to prevent family violence from occurring.

Many people who are victims of Family Violence feel vulnerable and worry about the court process involved in obtaining an Intervention Order. If you or your child/children have been victims of Family Violence, our staff can assist you during this difficult time, including by explaining the court process, discussing your specific concerns and representing you at court.

Being Served with an Intervention Order

If you have been served with an Intervention Order or an Application for an Intervention Order to be granted against you, it is important that you are prepared for the Court Hearing. Depending on one’s individual circumstances, an Intervention Order can affect one’s ability to spend time with their children, it can involve removing a person from their home and it may have implications for one’s employment.
It is therefore imperative to obtain legal advice. Our staff provide you with suggestions as to the most practical method in moving forward, including the benefits and pitfalls of the options available to you in such a situation.

Contact us today on (03) 9658 7700 and get the assistance you require from our intervention order experts.