How to Get An Intervention Order
by Matthew Elvin
Have you ever been stalked or threatened by a person? If so, you probably considered obtaining (or you did obtain) an intervention order. An intervention order is a Court order which prohibits a person from doing certain things. If any of the prohibited things are done, then that person has committed a crime, and depending on the circumstances, could even go to jail.
There are two ways to get an intervention order. The first way is to walk into your local Magistratesâ€™ Court and tell the court staff that you want an intervention order. The Court staff will give you the necessary paper work to make an Application for an Intervention Order and will often assist you, to some extent, to complete it. The Court staff will not give you legal advice though. To ensure the best prospects of success, we suggest that before you go to the Magistratesâ€™ Court you first write down everything that the person has done to make you fearful. Take this written document to the Magistratesâ€™ Court so you can look at it while making your application. Donâ€™t forget to also list any evidence which supports your allegation, such as SMSes, call log history, photos, written letters etc. Once your written application is complete, the Court will file it and tell you the date of the first court hearing. If it is urgent (for instance, if you are facing an immediate threat of harm), the Court may have your case heard on very short notice. Sometimes this can even be on the same day that you make the application.
The second way to get an intervention order is to go to the police and tell them what happened. If itâ€™s serious, the police may apply for an intervention order on your behalf. If so, the police will be responsible for getting the order and will guide you through the process.
At the first court hearing, the Court will usually decide whether to make an â€˜interimâ€™ intervention order. An interim intervention order will only be in force until the next Court hearing date. There will usually be a number of Court hearings (usually 3 or 4) before a â€˜finalâ€™ intervention order hearing takes place. At the final hearing, the Court will consider all of the evidence, and then decide whether to issue a â€˜finalâ€™ intervention order (which usually lasts 12 months or more).
You may not need all of the court hearings to get the intervention order, though. A surprisingly large number of people end up actually agreeing to a final intervention order against them. It sounds counter-intuitive, but Court proceedings are time consuming (each court hearing is a day off work), unpleasant and stressful. If you are lucky, you may find that after one or two court hearings the person who you want to get the intervention order against may just agree to the order being made to bring the Court process to an end.
If you want to know more about intervention orders, do not hesitate to contactÂ TBA LawÂ for professional, confidential legal advice.
Contact us to arrange a chat. It doesnâ€™t hurt to ask.