An application for an intervention order can be heard in the Children's Court when either the affected family member/affected person or the respondent is a child (a child being a person under the age of 18 years). The Children's Court can also hear an application for an intervention order when both the affected family member/affected person and the respondent are adults if there is a related child protection proceeding. All other applications are heard in the Magistrates' Court.
What to do
Step 1 – Contact the court
Telephone your nearest court to make an appointment with a registrar.
Step 2 – Complete an application form
Before your appointment with the registrar you will need to complete an intervention order application form. You can download the form (available via the right hand menu) or staff will give you a form to fill in on the day.
Step 3 – Interview with a registrar
The registrar will talk to you about your application and may ask you some questions about what has happened and why you want the order.
The registrar can also give you information about how to get legal representation for the court hearing.
You should tell the registrar if you need immediate protection.
Interim intervention order
The court can make an immediate temporary order called an interim intervention order. An interim intervention order may be made if the court is satisfied that it is necessary to ensure the safety of those to be protected by the order or to preserve their property.
Step 4 – Interim court hearing
You will be called into court. The magistrate may ask you some questions about your situation. The magistrate will then decide whether the making of an interim intervention order is warranted in the circumstances.
The magistrate will also tell you the date of the full hearing of your application. You will need to come back to court on that day. This gives the respondent an opportunity to participate and tell the magistrate their side of the story.
If an interim order is made in your case, the police will serve (give) a copy of your application and the court order to the respondent (the person the order is against). They will also be advised of the next court date.
Full hearing of your application
Step 5 – Next court date
By the date of the court hearing, the respondent will need to have decided to agree to the making of an IVO or to contest the making of an order.
If the respondent agrees to the making of IVO the matter will be finalised in court that day.
If the respondent does not agree to the making of an order, a date for a contested hearing will be set.
At the contested hearing both parties will be given the opportunity to call witnesses and present evidence to the court. The magistrate will decide whether the making of an IVO is warranted under all the circumstances.
If you haven’t arranged for a lawyer to represent you before coming to court, you may wish to discuss options for legal representation with court staff.