Personal Safety Intervention Orders
An individual can make an application to the Magistrates’ Court for an intervention order against a person who is not a family member.
The person in need of protection on an intervention order is called the “applicant” or the “affected person”. The person who the application is made against is called the “respondent”.
An intervention order contains conditions to prevent the respondent from committing prohibited behaviour or stalking. Conditions of an intervention order may include:
- not to commit prohibited behaviour;
- not to attend a particular location;
- not to communicate with the applicant; or
- not to stalk the applicant.
A breach of the conditions imposed may result in a respondent being charged with a criminal offence.
What is Prohibited Behaviour?
Prohibited behaviour is defined as:
- sexual assault;
- property damage or interference; or
- making a serious threat.
A personal safety intervention order may also be made if the respondent has committed stalking. Stalking is defined as serious intentional behaviour causing physical or mental harm to a person. This also includes an apprehension of physical or mental harm.
Keeping a person under surveillance or cyberstalking may also be considered as stalking.
The definition of stalking also includes bullying behaviour.
The Magistrates’ Court may make an interim intervention order if:
- it is necessary, pending a final decision about an application, to ensure the safety of the applicant; or,
- it is necessary, pending a final decision about an application, to protect any of the applicant’s property; and,
- it is appropriate in all of the circumstances to make the interim orders.
Interim Orders will ordinarily protect the applicant until the intervention order application has been finalised.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.