Intervention Orders

An intervention order is a court order designed to protect a person, their children and their property from someone who is using violence, threatening them or making them feel unsafe.

There are two types of intervention orders:

• family violence intervention order (FVIO) - a court order to protect a person, their children and their property from a family member, partner or ex-partner
• personal safety intervention order (PSIO) - a court order to protect a person, their children and their property from another person who is not a family member

An intervention order is a civil matter and will not appear on a criminal record. However, if a respondent breaks the rules on an intervention order they can be charged by the police with a criminal offence – this is called a “breach”.

When can an intervention order be made?

Family violence intervention orders

The court can make a family violence intervention order if it reasonably believes that:

• the respondent has used family violence against the affected family member; and/or
• the respondent has caused a child to witness/overhear/be exposed to family violence; and/or
• it is likely that the respondent will continue to use family violence towards the affected family member if there is no court order; and/or
• the intervention order is needed to protect the affected family member and keep them safe.

When considering a family violence intervention order “family violence” has a broad definition and can mean behaviour by the respondent towards the affected family member that is:

• physically or sexually abusive
• emotionally or psychologically abusive
• economically abusive
• threatening
• coercive
• in any other way controls or dominates a family member and causes them to feel fear for their own safety or that of another family member

Personal Safety Intervention Orders

The court can make a personal safety intervention order if it reasonably believes that:

• the respondent has used prohibited behaviour against the affected person; and/or
• It is likely that the respondent will continue to use prohibited behaviour towards the affected person and/or
• The intervention order is needed to protect the affected person and keep them safe

When considering a personal safety intervention order prohibited behaviour means:

• assault
• sexual assault
• Harassment (this might include following the affected person, hanging around them at school or work, making unwanted phone calls to them or sending them unwanted emails or text messages
• property damage or interference
• making a serious threat

When is an application for an intervention order heard in the Children's Court?

This happens when:

• either the affected family member/affected person or the respondent is under 18 years old; or
• the affected family member/affected person and the respondent are both over 18 years old and there is a child protection proceeding before the court involving a child who is under the care/supervision of either of those adults; or
• the affected family member/affected person and the respondent are both over 18 years old and there is a child protection proceeding before the court that raises the same or similar concerns about the child’s safety as those raised in the intervention order.