What's New

New Intervention Orders factsheet

Updated factsheet now available

As of December 9 in 2011, broader terms now apply to Intervention Orders - previously known as Restraining Orders - which prohibit a person from behaving in a particular manner towards a protected person or persons.

A comprehensive fact sheet that covers these updates is now available.

The Intervention Orders information sheet is available for download by clicking here.

The amendments
Historically, you have been able to obtain restraining orders in situations where you have been or are likely to be under threat of physical violence. These new laws give you far wider protection. The object of the new legislation is to prevent domestic and non-domestic abuse and to protect children from exposure to such abuse.

Abuse is now very broadly defined and includes not just physical violence but also emotional or psychological harm, damage to your property and denial of financial, social or personal freedoms.

Emotional or psychological harm includes not only a mental illness but distress, anxiety or fear, as long as it is not trivial. The legislation contains examples of the type of behaviour that could result in emotional or psychological harm, including sexual assault, dangerous driving, following a person or loitering at places they may frequent, sending, publishing or transmitting offensive material including over the internet, racial taunts and making a variety of threats.

Details
An intervention order is an order under civil law – that is, an intervention order is not a criminal charge, although criminal penalties may apply if the order is breached.

The object of an intervention order is to protect anyone against whom it is suspected the defendant will commit an act of abuse, including any child who may be exposed to the effects of abuse committed by the defendant against another person.

An order can be made in relation to a defendant living anywhere in Australia.

Both domestic and non-domestic abuse situations are covered by the Intervention Orders (Prevention of Abuse) Act 2009