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Quick Guide to Intervention Order Language

Written by Pearsons Lawyers
7 December 2022

Application

This is the application made to a Magistrates’ Court which sets out the orders sought and factual matters relied upon (evidence) to support the Application which describes incidents of alleged violence or abuse. Sometimes also called an Application and Summons for Intervention Order if the application is made by Victoria Police.

Applicant

This is the person applying for the Intervention Order. Usually, it is an individual but sometimes the police can be the Applicant on behalf of the person requiring protection.

Respondent

This is the person against whom the orders are sought.

Affected Family Member

This is the person(s) for whose benefit the Intervention Orders are sought. Sometimes also referred to as Protected Persons.

Prohibited Person

This is a person who has weapons which will be confiscated as a consequence of Intervention Orders being made. In addition to the confiscation are prohibited person will have their firearms licence cancelled for a period of 5 years.

Ex Parte

This means that the Court first hears the Application for an Intervention Order without the Respondent being aware of the Application or having been served with the documents. The Respondent has no involvement in the matter at this point in time and the Court deals with the matter without them.

Interim Intervention Order

This is an Order made at the first instance, usually without the Respondent being there and only lasts indefinitely until it is revoked, withdrawn or finalised.

Final Intervention Order

This is the Final Order made at the conclusion of the Intervention Order proceedings. Usually, the Orders last for one, two or more years, unless extended, varied or revoked before that time.

Undertaking

An Undertaking is a promise to the Court to not commit family violence. Usually, an Undertaking is given without admission of the allegations, which means that the Respondent agrees to making the promise to the Court whilst denying that they committed family violence. If the Respondent is alleged to have breached the Undertaking, this Applicant has the right to reinstate the Application.

Without Admissions

That means that the Respondent agrees to the making of an Intervention Orders or an Undertaking (promise) on a final basis whilst denying that they committed family violence as alleged in the Application.

Notice of Hearing

This is a notice by the Court setting out the next Court event including the date, time and type of event and how long it is likely to take.

Directions Hearing

This is a Court event where the Court makes directions for the further and future conduct of the matter.

Mention

This is where the Court will consider the matter briefly and ensure that previous Orders have been complied with and to consider future steps to be taken to have the matter determined or resolved.

Further and Better Particulars

The Court sometimes orders the Applicant to file and serve Further and Better Particulars by a given date. This is where the Application does not set out with specific or sufficient particularity the evidence relied upon and the Respondent does not have sufficient information to be able to defend the matter. The Further and Better Particulars are required to set out with particularity the date, place and instances of domestic violence or abuse that took place which would warrant the Court making Intervention Orders.

Response to Further and Better Particulars

This is the document in which the Respondent has the opportunity to respond to the allegations in the Application.

Contest Hearing

When the matter can’t be resolved by consent this is the final hearing with respect to the application. The Court will hear evidence from both parties and their respective witnesses and then make a determination as to whether or not an Intervention Order is necessary, and, if so, on what terms.

Family Violence Safety Notice

Only a Magistrates Court can issue and Intervention Order. If Victoria Police believe there is an urgent need for protection they can issue a Family Violence Safety Notice which provides protection before a Court makes an interim Intervention Order.

Personal Safety Order

A Personal Safety Intervention Order is similar in operation to a Family Violence Intervention Order, except that it applies to people who are not considered family members. The definition of family members is broad, and not just limited to immediate family. Personal Safety Intervention Orders more commonly deal with neighbourhood disputes, for example.

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