Intervention Orders and their Conditions
The order prohibits you from committing family violence against the affected family member and their children.
Family violence has a very broad definition. It includes not only physical violence, such as punching, slapping, choking and unwanted sexual contact, but also includes emotional and psychological abuse. This can include actions like name calling, put downs or controlling behaviours, like stopping the affected family member from communicating with family and friends, restricting access to joint finances or threatening to harm pets. Allowing a child to witness or be exposed to the effects of the violence on another family member, is also prohibited.
You must not damage the protected person’s property, or attempt to locate, follow or keep them under surveillance.
You’re not to publish anything about the affected family members on the internet. That includes posting on social media or electronic messaging, material or images of or about or the protected persons.
You’re not to contact or communicate with them by any means subject to some exceptions.
You may contact the affected family member via letter, email or text to make arrangements to see your children, so long as you don’t use this as an opportunity to abuse, harass or threaten the affected family member.
Once you have a written agreement with the affected family member, you can spend time with the children in the manner specifically agreed. The written agreement can be reached, informally, for example, via an exchange of text messages. However, the affected family member must agree to what is proposed. You will not be able to see your children if the affected family member does not agree.
The agreement can also be a formal written document which might be reached through mediation via family law processes. Or it might be a Court order.
You must arrange to return any personal property belonging to the protected persons within 2 days of you receiving this order. Those arrangements can be made through a lawyer or through police
All other communication with the affected family member must be through a lawyer or an accredited mediator.
You are not to approach or remain within 5 metres of the affected family member or the children at any time.
If you need to collect some personal belongings you can return to your home address in the company of police or someone agreed to by the affected family member. Otherwise you must stay at least the distance specified in the order, usually 200m, away from that address or anywhere else where they live, work or go to school or childcare at all times.
And you’re not to get anyone else to do these things that you are not allowed to do, on your behalf.
You may have your firearms and/or weapons licence suspended or cancelled, and will have to hand in any firearms or weapons to police.
At the time of making this order the court may suspend or cancel any family law order made by the Federal Circuit Court or the Family Law Courts for 21 days from the making of this order. This means that you are not allowed to spend time with your children as set out in the parenting order until this order has been varied or lifted. You need to speak to a lawyer about your family law options.
There are a number of different conditions the Magistrate can include on the Intervention Order. These condition will prohibit the respondent from doing certain things.
The order prohibits the respondent from committing family violence against the protected person and their children.
Family violence has a very broad definition. It includes not only physical violence, such as punching, slapping, choking and unwanted sexual contact, but also includes emotional and psychological abuse. This can include actions like name calling, put downs or controlling behaviours, like stopping the protected person from communicating with family and friends, restricting access to joint finances or threatening to harm pets. Allowing a child to witness or be exposed to the effects of the violence on another family member, is also prohibited.
The respondent must not damage the protected person’s property, or attempt to locate, follow or keep them under surveillance.
The respondent must not to publish anything about the protected person on the internet. That includes posting on social media or electronic messaging, material or images of or about the protected persons.
The respondent must not contact or communicate with the protected persons by any means subject to some exceptions.
The respondent may contact the protected person via letter, email or text to make arrangements to see their children, so long as the respondent does not use this as an opportunity to abuse, harass or threaten the protected person.
Once there is a written agreement with the protected person, the respondent can spend time with the children in the manner specifically agreed. The written agreement can be reached, informally, for example, via an exchange of text messages. However, the protected person must agree to what is proposed. The respondent will not be able to see the children if the protected person does not agree.
The agreement can also be a formal written document which might be reached through mediation via family law processes. Or it might be a court order.
All other communication with the protected person must be through a lawyer or an accredited mediator.
The respondent must not to approach or remain within 5 metres of the protected person or the children at any time.
If the respondent needs to collect some personal belongings, they can return to the protected persons home address in the company of police or someone agreed to by the protected person. Otherwise the respondent must stay at least the distance specified in the order, usually 200m, away from that address or anywhere else where the protected person lives, works or goes to school or childcare at all times.
The respondent must not get anyone else to do these things that they are not allowed to do, on their behalf.
The respondent may have their firearms and/or weapons licence suspended or cancelled, and will have to hand in any firearms or weapons to police.
At the time of making this order the court may suspend or cancel any family law order made by the Federal Circuit Court or the Family Law Courts. This means that the respondent is not allowed to spend time with the protected person's children as set out in the parenting order until this order has been varied or lifted.
The respondent must arrange to return any personal property belonging to the protected persons within 2 days of the respondent receiving this order. Those arrangements can be made through a lawyer or through police.
