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What happens if the person does not do what the order says?
Home: Survivors: Family Violence: Violence against women
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It is a criminal offence to disobey the conditions of the order. Any breach should be reported to the police. The police should then make an arrest but they may give the person a summons to appear in court at a later date. If the person continues to harass you and fails to comply with the order before the court hearing, telephone the police and insist that he is arrested. After he is arrested he may be released on bail or he may be held until he can be brought before a court.
Role of the police
The police have been directed to apply for intervention orders instead of victims having to do this. Police instructions say:
Police must make and sign an application for an intervention order wherever the safety, welfare, or property of a family member appears to be endangered by another
If the police apply, in most cases you would still have to attend court to give evidence. The police do not need your consent to apply for an order. This is to protect your safety and welfare.
If the police believe that there are grounds for an intervention order, they must seize any firearms and may enter and search premises without a warrant for that purpose.
What if either side is unhappy with the court's decision?
If the court decides not to make an order or makes an order with which you are unhappy, you can appeal to the county court. There is a one-month time limit for lodging appeals. There may be costs involved with this process. You should discuss this with a solicitor, the Victoria legal aid, or your local community legal centre.
The defendant too can appeal against the making of an intervention order or any terms of an order.
At any time during the operation of the order, either party can apply to have the order varied, revoked or extended by the magistrates' court.
What if I have an order and move interstate?
Intervention orders obtained in Victoria can now be registered and enforced in all states and territories in Australia as well as New Zealand. If you leave Victoria you should register your order with a court in that state or territory to which you have moved.
Once this happens you will not have to go to court again.
If you have an intervention order from a state other than Victoria, you can register and then enforce that order in Victoria by sending a copy to the principal registrar at Melbourne magistrates' court.
The Magistrates' Court has 52 different locations around Victoria. For contact details see their website: http://www.magistratescourt.vic.gov.au/
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Disclaimer
Copyright Updated: 13 Oct 2009
The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.