Intervention orders issued by Police

Jul 3, 2024

Intervention orders issued by Police

Our last article talked about the powers of the police to make an arrest. We continue the conversation about your rights when interacting with police discussing police powers to issue intervention orders.

The police have powers to issue and serve interim intervention orders under the Intervention Orders (Prevention of Abuse) Act 2009.

The police can issue and serve you with an interim intervention order if you are detained for an offence or for other reasons, or even if you are merely present before the police officer. 

The police officer who intends to issue an interim intervention order has the right to require you to remain at a particular place for so long as it may be necessary for the interim intervention orders to be prepared and served on you. 

If you refuse to remain at the place as requested or if the police officer has reasonable grounds to believe that the instruction will not be complied with, you may be arrested and detained in custody (without warrant) for:

  • as long as may be necessary for the intervention order to be prepared and served; or
  • a maximum of 2 hours (or a longer period as may be approved by the Court).

A police officer may alternatively request you accompany them to the nearest police station to be served with the interim orders. If you decline to accompany the police officer or there are reasonable grounds for the police to think you will not comply you may be arrested and detained in custody for the same time periods as mentioned above.

There is no right to bail during that 2 hours (or longer period if approved by a court)

Once that 2 hours has expired, provided you are not arrested for some other offences(s), you are free to go.  The police in this circumstance have the obligation to return you to the place where the request was made of you or a place near to that place unless there is good reason for the police not doing so. 

Once served with an interim intervention order the police must endeavour to ensure you understand:

  • The terms of the intervention order. 
  • If a Family Court order exists and a clause appears to conflict with a clause in the intervention order then it is likely the Family Court Order will override the Intervention Order. If you believe there is a conflict, we strongly advise you seek legal advice on any apparent conflicts.
  • The fact that person(s) protected by the order cannot give permission for you (the defendant) to contravene the terms of the interim intervention order.

The intervention order takes effect the moment it is served on you. 

It will require you to appear in court and so it’s legally regarded as a summons to appear in court and to show cause why a confirmed (permanent) intervention order should not be made. 

You are required to provide a residential address for service of documents upon you.  You commit an offence if, when requested, you do not provide an address for service or provide a false address.

If you are alleged to have breached a condition of an intervention order you can be arrested and the police obligations and your rights are then the same as if you were arrested by the police without a warrant or court order.