Keep a copy of the order with you
Carry your Intervention Order with you. Give a copy to the places where you and your children regularly go, such as school, kindergarten, childcare, work. Then they can call the police if necessary.
Help from the police
You may need to get help from your local police to deal with practical issues. You can arrange to have the police present while the defendant moves out or collects their belongings. It is not up to the police to evict the defendant. If the Intervention Order says that the defendant must not come within a certain distance of your house, then they must move out – usually by a specific date. If they don’t the police can arrest them for breaching the order. You can also get the police to go with you to get personal belongings from the house where the defendant is living. Again, the role of the police is to make sure that the terms of the order aren’t breached. They’re not there to help you move your things, but only to ensure that no intimidation or assault occurs.
Changing the order
You must obey the order too – you can’t give the defendant permission to ignore the order. Otherwise you can be charged by the police with aiding and abetting the defendant to commit a criminal offence in breaking the order. Circumstances may change after you get the Intervention Order. If you want to renew contact with the defendant, you must go back to court first and apply to change (‘vary’) the order. For example, you may decide that the defendant can come to your house, but you can still have an Intervention Order that says they must not assault, molest or threaten you or damage your property.If you want to vary the order, contact the court registrar. The registrar will fill in the court forms for you and organise for the defendant to be notified. You would then have to come back on another day and go before a magistrate who will make the decision. Either party can apply to vary the order at any time – the other person will be notified.
If you’re unhappy with police action
Ring the police station where you made your report and speak to the Section Sergeant. If this doesn’t work, there are formal complaint procedures. Any 24-hour police station can help you with this or you can complain to the Deputy Ombudsman (Police Complaints). You can also contact a community legal centre.
If you go interstate you can get your order registered and enforced by the police there. Check with the local court in that State about what to do.
If you are unhappy with the magistrate’s decision, you can appeal to the County Court. You must do this within one month. Speak to the registrar at the Magistrates’ Court about how to appeal. Get legal advice first.