Relationship difficulties and breakdowns are a sad reality of modern life. Problems can arise in any relationship. This may be with a spouse or partner, an ex, adult children, a work colleague, or even flat mates.
In today’s high-pressure world, relationship breakdowns can sometimes involve actual or threatened violence. When emotions are high, some people may lose their temper or use intimidation or violence to control another person. In other cases, a person may make false allegations of violence to gain an advantage.
If you find yourself in this situation, you may need help. This could include responding to an application for an intervention order made against you. You should understand your options and obligations.
Family Violence Protection
Family violence occurs when someone acts in a way that makes a family member feel unsafe or be unsafe. Courts and police treat family violence very seriously.
It can include physical or sexual abuse, emotional or psychological abuse, financial control, or behaviour that is threatening, coercive, or controlling. These behaviours can cause a person to fear for their safety or wellbeing.
Family violence can also include property damage, harming or threatening a pet, or depriving a person of their freedom. It also includes exposing children to this type of behaviour.
The Family Violence Protection Act sets out protections for people who fear or have experienced family violence. A family member can include a partner, ex-partner, relative, child, or someone treated as family, such as a carer or guardian.
Family Violence Safety Notice
Police may issue a Family Violence Safety Notice if they believe the alleged perpetrator is at least 18 years old.
The purpose of the notice is to provide immediate protection to the affected person. It requires the alleged perpetrator to attend court. The court then decides whether to make a Family Violence Intervention Order.
Family Violence Intervention Order
You or a police officer (with your consent) can apply for a Family Violence Intervention Order if you have experienced family violence and fear it may happen again.
If granted, an order may prevent the perpetrator from:
- committing family violence
- damaging or using the victim’s property
- entering or remaining at the victim’s home, workplace, or school
- approaching or contacting the victim
- causing others to commit family violence
- holding a firearms licence
The court may also order counselling. This aims to improve accountability and encourage behavioural change.
If You Are Not Related to the Other Person
The Personal Safety Intervention Order Act provides protection where the parties are not family members.
This applies to situations involving assault, sexual assault, stalking, harassment, property damage, or threats to kill or seriously injure a person.
Harassment includes behaviour that is demeaning, derogatory, or intimidating.
Stalking includes actions such as following, watching, contacting, publishing material online, or tracking electronic communications with intent to cause fear or harm.
If the court finds such conduct has occurred, it may issue a Personal Safety Intervention Order.
What Happens if an Order is Breached?
An intervention order itself does not create a criminal record.
However, breaching an order is a criminal offence. A person may be arrested and prosecuted. Penalties can include imprisonment, fines, or both.
Can You Defend an Application?
Yes. You can defend an application for a Family Violence or Personal Safety Intervention Order.
This may apply where you disagree with the allegations or have a different version of events.
You can also appeal a court decision to grant an order.
Key considerations
Courts and police treat family violence and personal safety matters very seriously. The law provides broad protections for those at risk.
Intervention orders can restrict contact and behaviour and impose strict conditions. Breaching an order is treated as a serious offence and can result in significant penalties.
This information is general only. You should seek legal advice for your specific situation.
If you are in immediate danger, call 000. For advice or assistance, contact 0450 803 822 or email [email protected].