An intervention order also known as a restraining order is a court summons by a magistrate that is designed to protect the person or whole family from another person who is threatening to you and making you feel unsafe by his behavior.
Types of an intervention order
Family Violence Intervention Order (FVIO)
FVIO is an order by the court to protect a person, his/her family, and property from another family member may be a partner or ex-partner. Family violence is injurious behavior to threaten or dominate a person, it involves physical violence, harassment, financial abuse, mental and psychological abuse etc.
The FVIO make the respondent agree to the following conditions
● Stop harassing and threatening behavior
● stay away from a person house
● Stop contacting and communicating with the person in any way
Although the court has the right to cancel the firearm license of the respondent, and if the respondent does not follow the condition and it makes a criminal matter.
Personal Safety Intervention Order(PSIO)
PSIO is a court order to protect a person, their children, and property from someone who is not family. If a person has been assaulted, stalked, threatened or make any financial abuse, he/she can make an application against the respondent in which he/she mention the disputes with neighbor, friend, colleague, tenant, employee, landlord, or any stranger.
There are two types of PSIO
Interim order-It is a short term order by the court to understand the entire situation and provide immediate protection to the person until they make any conclusion.
Final order-It is a long term order by the court if a magistrate thinks a person needs protection.
Applying for Intervention Order
For Applying For An Intervention Order you need to come to the court and fill the form of FVIO or PSIO depending upon the person. The person who is applying for intervention order is an 'applicant' while the person for whom the application is filed is called ' respondent'.
On the application, they will ask about some personal information about the respondent and about how the respondent behaved and other useful information regarding your family members. After the court receives your application and approves it you will receive documents application and summons.
The next step is informing the respondent, the police serve the copy of documents to the respondent and the court will inform you about the interim order or warrant against the respondent and then actions will be taken.
Go to court for a further process where a judicial officer will make a final decision
● The respondent has committed FVIO or PSIO
● Respondent repeats this behavior again
● Fear about your safety
If you don't agree with the court's decision you can go to a higher authority.
Read Our Next Blog
Separation Lawyer in Melbourne
Applying for an Intervention Order
Family Violence Intervention Orders
Same-Sex Marriage and Divorce in Australia
Get more details click here:
Intervention Order Lawyer
Family Violence Lawyer
No comments:
Post a Comment