What is an interim intervention order and how can you get one? Behind the closed doors of many Australian homes, a hidden epidemic rages on. Family violence is a pervasive problem and a serious criminal offence in our society. This offence poses an immediate danger to people of all ages, genders, and socioeconomic backgrounds.
That’s why we have intervention orders for a protected person or protected family member. In New South Wales, we refer to intervention orders as Apprehended Violence Orders (AVO).
Intervention Orders or Apprehended Violence Orders
In Australia, an Intervention Order is a legal document that aims to protect a person from family violence, harassment, or stalking. It is also known as an Apprehended Violence Order (AVO), Family Violence Intervention Orders, Restraining Order, or Domestic Violence Order, and the terminology can vary between states and territories.
In NSW, it’s called an Apprehended Violence Orders. There are two types of AVOs:
- Apprehended Domestic Violence Orders (ADVO). An ADVO aims to protect a person from violence committed by someone that they are, or were, in a domestic relationship with.
- Apprehended Personal Violence Orders (APVO). An APVO is the opposite of an ADVO. It aims to protect a person from violence by any person whom they are not, and have not, been in a domestic relationship with.
However, these intervention orders may take time to become a final order. Thus, they can avail the temporary intervention orders that the police may apply for them:
- Provisional intervention order. The police must apply for a Provisional order when they believe that someone needs immediate protection to ensure their safety or prevent substantial damage to their property.
- Interim intervention order The interim intervention order extends a Provisional AVO, or where the Court agrees that it is necessary or appropriate for someone to have temporary protection.
Interim Intervention Order
In an emergency, the police may request an interim AVO to protect a person while the matter is resolved in court. In order to protect a person while the case is pending, the court may issue an interim intervention order.
The Court may issue the interim intervention order right away or may request additional information to support the need for the order. The Court may accept a variety of evidence, such as:
- an affidavit,
- a police officer’s written statement, or
- your oral testimony.
Moreover, a court must make an interim intervention order against the defendant if they have been charged with a serious offence, regardless of whether an application for an interim intervention order (AVO) has been made.
What Are Serious Offences?
Examples of a serious offence:
- attempted murder
- a domestic violence offence or an attempted domestic violence offence
- stalking or intimidation with the intention of causing the victim to fear physical or mental harm
- wounding or grievous bodily harm
- sexual assault or attempted sexual assault
- sexual touching.
How Long Does an Interim Intervention Last?
The interim AVO lasts until:
- it is revoked
- a Final AVO is made, or
- the AVO application is withdrawn or dismissed.
- An Interim AVO has the same effect as a Final AVO.
How to Get an Interim Intervention Order?
To get an interim Apprehended Violence Order in New South Wales, follow these steps:
- Contact the police or a domestic violence counsellor. If you feel unsafe or are experiencing any violence, reach out to the police or a domestic violence counsellor for immediate assistance and guidance.
- Apply through the police or the court. If you need an AVO urgently, you can apply through the police, and a senior police officer can make a Provisional AVO to protect you until the hearing. Alternatively, you can apply directly to the court, and the court can make a short term interim order to protect you until the hearing.
- Provide evidence. When applying for an AVO, you will need to provide evidence to support your claim that you have a reasonable fear of violence, intimidation, or harassment from the other person. This can include witness statements, photographs, or any other relevant documentation.
- Attend the hearing. After the interim AVO is granted, a hearing will be scheduled to determine whether a final AVO should be issued. Both parties will have an opportunity to present their case, and the court will make a decision based on the evidence provided.
- Follow the AVO conditions. If the court grants the AVO, the defendant will need to follow certain conditions, such as not contacting you or not coming within a certain distance of your home or workplace. If the defendant breaches the AVO, they may be charged with a criminal offense.
- Review and update the AVO. AVOs can be reviewed and updated if there are changes in the circumstances of the parties involved. If you need to vary or revoke an AVO, seek legal advice or contact the court for guidance.
Sample Interim Intervention Order (AVO)
Here are samples of interim intervention orders:
- Interim Apprehended Domestic Violence Order PINOP
- Interim Apprehended Domestic Violence Order Defendant
- Interim Apprehended Personal Violence Order PINOP
- Interim Apprehended Personal Violence Order Defendant
How a Family Attorney Can Help
A family lawyer can help you in getting an Interim AVO in NSW Australia in a number of ways, including:
- Providing legal advice. A family lawyer can explain the law to you and your family members and advise whether you are eligible for an Interim AVO. They can also help you and your family members to understand the process of applying for an Interim AVO and what to expect in court.
- Assisting you in gathering evidence. They can help you to gather all the evidence needed to support your application for an Interim AVO. This evidence may include police reports, medical reports, or statements from witnesses.
- Representing you in court. They can represent you in court when you apply for an Interim AVO. They will present your case to the magistrate and argue on your behalf.
- Advocating for you. A family attorney will advocate for you while applying for an final intervention order. They will ensure that your rights are protected and that you are treated fairly.
If you are considering applying for an interim AVO, it is important to seek legal advice from a family lawyer. Our family lawyers at JB Solicitors can help you understand your rights and options and can provide you with the support you need during this difficult time. Contact us today.
