What are Police Initiated Intervention Orders?
An intervention order is issued to guard the ‘protected person’ from another individual who has been allegedly committing family violence or engaging in prohibited behaviors such as stalking towards the protected person.
A police-initiated intervention order occurs when the protected person makes a report or statement to the police and a police member makes an application for an intervention order on the protected person’s behalf.
Parties to the PIIO
- Applicant: the police member who, upon hearing the protected person’s report, has made an application for an intervention order
- Protected Person: sometimes referred to as ‘the affected family member’ is the individual who police are seeking the order to protect via the intervention order
- Respondent: the individual that the police are alleging has committed family violence or prohibited behaviour such as harassment or damage to property
It is important to note that the Police Members do not legally represent the protected person. The Police Members will perform risk assessments based on the information that the protected person provides but they do not act on the instructions the protected person.
Once a police member has made the application for an intervention order to the Magistrates Court, the Court will arrange for a day for the matter to be listed before a Magistrate.
On the initial court date, the Magistrate will have an opportunity to read the narrative in support of the application. A representative from Victoria Police will be present before the Magistrate to answer any questions that the Magistrate may have. On this occasion, the Magistrate may choose to make an interim family violence intervention order for the protected person’s immediate protection.
The Magistrate will then adjourn the matter to another date so that the Respondent has an opportunity to be served with the Intervention Order and attend at the next court date.
At the second court date, the legal representative for the Respondent will have an opportunity to negotiate and discuss the matter with Victoria Police, to see if the matter can be resolved and finalised.
Victoria Police will only negotiate in an effort to resolve the matter once they have completed the necessary risk assessments and spoken to the Protected Person.
If Victoria Police believe that there is an ongoing risk of family violence, they will likely say that the matter ought to progress to a contested hearing, which is where the Magistrate will hear all of the evidence in support of the application.
If you are the Respondent to an Intervention Order application that has been initiated by Victoria Police, email us at info@icaalaw.com or call us today to book your appointment on (03) 9842 4474.
Important Disclaimer: The content of this posted article is general in nature and for reference only. The content does not constitute legal advice. Legal advice about your specific circumstances should always be obtained before taking any action in your particular circumstances.
