Intervention (restraining) orders

Q. How do you get an order?

A. The police, aggrieved family member or someone else makes a complaint to the clerk of courts. If the clerk of courts thinks that it is warranted, he or she will issue a warrant of arrest. If not, he or she will issue a summons for the assaulting person to come to a hearing. A copy of the complaint is then served on both parties and a hearing date is set. In cases of urgency, an interim ex parte order can be obtained which would operate only for a limited period and until the defendant is served with the summons and the matter comes back to court for formal hearing. If warranted a final order is then made.

Q. What if the intervention order is breached?

A. The person breaching the order is guilty of an offence and is liable, for a first offence, to a penalty of $24,000 or imprisonment for 2 years or both, or for a subsequent offence, to 5 years imprisonment. The police can arrest and detain a person who they believe has breached an intervention order.

Q. Does the defendant have to attend the hearing?

A. No. The court may proceed to hear and determine the matter in the defendant's absence. However, if the court is satisfied that it is appropriate to do so, it may adjourn the matter otherwise just make a Final Intervention Order without hearing from the Defendant.