What is an Interim Intervention Order?

If you have recently been served with an Intervention Order, you may have noticed that it is described as an Interim Intervention Order rather than a final order.

Many people assume this means the court has already decided they have done something wrong.

That is not the case.

An Interim Intervention Order is a temporary court order made before the court has made a final decision about the application. It is designed to provide immediate protection while the matter proceeds through the court system.

Although an interim order is temporary, it is still a legally enforceable court order. If you breach it, you can be charged with a criminal offence.

What is the purpose of an Interim Intervention Order?

The purpose of an Interim Intervention Order is to provide immediate protection for a person while the court decides whether a final Intervention Order should be made.

Court proceedings can take weeks or even months to conclude.

If the Magistrate believes there is an immediate need for protection during that period, they may make an interim order that remains in force until the matter is finalised or the court makes another order.

An interim order is not a finding that the allegations are true. It is a temporary measure while the legal process continues.

When can an Interim Intervention Order be made?

An interim order can be made at the beginning of a case if the Magistrate is satisfied that temporary protection is necessary.

This often happens:

• On the same day an application is filed.

• Following a family violence incident attended by police.

• Before the respondent has attended court.

• At a later court date if circumstances change.

Many Interim Family Violence Intervention Orders are made after Victoria Police apply on behalf of an affected family member following an incident they have attended.

Can the court make an Interim Intervention Order without me being there?

Yes.

In some circumstances, the Magistrates’ Court can make an Interim Intervention Order before you have been served with the application or had an opportunity to respond.

This is known as an ex parte hearing.

The court may do this if it believes there is an urgent need to protect the affected person.

If this occurs, you will usually be served with:

• The application.

• A copy of the Interim Intervention Order.

• A notice telling you when to attend court.

You will have an opportunity to respond at a later court date.

Does an Interim Intervention Order mean I’ve been found guilty?

No.

This is one of the biggest misconceptions about Intervention Orders.

An interim order is not a criminal conviction.

It is not a finding that the allegations are true.

The court has simply decided that temporary conditions should be in place while the matter is determined.

If you wish to contest the allegations, you will have the opportunity to do so before any final Intervention Order is made.

How long does an Interim Intervention Order last?

An Interim Intervention Order remains in force until:

• The court dismisses the application.

• The application is withdrawn.

• The order is varied.

• A final Intervention Order is made.

• The court revokes the interim order.

There is no fixed period that applies to every case.

Some interim orders remain in place for only a few weeks.

Others continue for several months while the proceedings progress.

What conditions can an Interim Intervention Order include?

The conditions of an interim order are often similar to those contained in a final order.

Depending on the circumstances, the order may prohibit you from:

• Committing family violence.

• Assaulting, threatening or intimidating the protected person.

• Contacting the protected person.

• Attending their home or workplace.

• Going near their school.

• Publishing material about them online.

• Asking another person to contact them on your behalf.

Every order is different.

It is essential that you carefully read every condition before leaving court or after being served by police.

What happens if I breach an Interim Intervention Order?

Breaching an Interim Intervention Order is a criminal offence.

Many people mistakenly believe that because the order is “only interim,” it is not enforceable.

That is incorrect.

If you breach an interim order, you may be:

• Arrested.

• Charged with breaching an Intervention Order.

• Required to attend court.

• Convicted of a criminal offence if found guilty.

The penalties can include fines, Community Corrections Orders and, in serious cases, imprisonment.

An interim order should always be treated with the same seriousness as a final order.

What if the protected person contacts me?

This is another common misunderstanding.

Even if the protected person:

• Sends you a text message.

• Calls you.

• Invites you to visit.

• Wants to reconcile.

You must still comply with the conditions of the Interim Intervention Order.

The order is made by the court.

The protected person cannot simply give you permission to ignore it.

If circumstances have changed and both parties wish to resume contact, an application should be made to the court to vary or revoke the order.

Can I contest an Interim Intervention Order?

Yes.

If you disagree with the allegations or believe the order is unnecessary, you can oppose the application.

The matter may proceed through several court dates before reaching a contested hearing.

At that hearing, the applicant must present evidence, and you will have the opportunity to:

• Cross-examine witnesses.

• Give evidence.

• Call witnesses.

• Tender documents and other evidence.

• Make submissions to the Magistrate.

The Magistrate will then decide whether a final Intervention Order should be made.

Can the Interim Intervention Order be changed?

Yes.

Depending on the circumstances, it may be possible to apply to:

• Vary the conditions.

• Remove unnecessary restrictions.

• Revoke the interim order.

Whether the court agrees will depend on the facts of the case and whether the Magistrate considers the changes appropriate.

You should not ignore the order while waiting for the application to be heard.

Practical tips if you’ve been served with an Interim Intervention Order

If you receive an Interim Intervention Order:

• Read every condition carefully.

• Do not contact the protected person unless the order specifically allows it.

• Keep a copy of the order with you.

• Attend every court date.

• Preserve any evidence relevant to your case.

• Obtain legal advice as soon as possible.

Early legal advice can help you understand your options and avoid unintentionally breaching the order.

Frequently Asked Questions

Is an Interim Intervention Order permanent?

No. It is a temporary order that remains in place until the court determines the application or makes another order.

Can I breach an Interim Intervention Order?

Yes. An interim order is legally enforceable. Breaching it is a criminal offence and may result in criminal charges.

Does an Interim Intervention Order give me a criminal record?

No. An interim order itself is not a criminal conviction. However, breaching the order may result in criminal charges and, if you are convicted, a criminal record.

Can I contact the protected person if they agree?

Not necessarily. If the order prohibits contact, the protected person’s consent does not override the court order. You should obtain legal advice before making contact.

Get advice before your first court date

Being served with an Interim Intervention Order can be confronting, but it is important to remember that it is a temporary order and not a finding that you have done anything wrong.

At Wilkinson Lawyers, we regularly represent clients in Family Violence Intervention Orders and Personal Safety Intervention Orders throughout Victoria. Whether you wish to contest the allegations, negotiate the conditions or seek changes to an interim order, we can explain your rights and represent you throughout the court process.

If you have been served with an Intervention Order at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in intervention order matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.