How do I get an intervention order?

Home: Survivors: Family Violence: Violence against women

You or the police can go to the registrar of the magistrates' court who will assist you to prepare a complaint. Courts are often very busy and you may have to wait for a long time.

If you go to court by yourself to apply for an order, you should remember that the magistrate needs to be satisfied that either:

1. You have been assaulted and it's likely to happen again, or;
2. You have had your property damaged and it's likely to happen again, or;
3. You have been threatened with either (i.) or (ii.) above, or;
4. You have been harassed or the subject of offensive behaviour or stalking.

If you need urgent protection, the court can make an interim order without the defendant (the violent person) being in court. However, you must attend at court to explain to the magistrate what has happened and why you need an order. The Order must then be given to the defendant or else it is not enforceable.

You should tell the magistrate if the defendant has a gun.

About two weeks later you will have to go back to court to get your final order. You will have to tell the court about what has happened to you and why you think it will happen again.

If you do not attend court your complaint will be struck out, that is, it will not be effective. If the violent person has received notice of the Order and the court date but does not attend court, you can still obtain an Order.

If you believe your safety or your property is threatened, the court may issue a warrant to have the defendant arrested and brought to court for the hearing.

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Disclaimer Copyright Updated: 13 Oct 2009