Why do I need a solicitor in an Intervention Order process?
- Intervention Orders can be complex in their nature. Our team have extensive experience in handling Intervention Orders and can provide relevant expert advice.
- When appearing unrepresented at an Intervention Order proceeding, people are often unaware of the consequences of having an active order in place (such as, suspension of firearm licenses and exclusion from their family home)
- There are criminal repercussions of breaching an Intervention Order
What are Intervention Orders?
- Intervention Orders are courts orders, stipulating conditions to which the respondent must comply with. They are intended to prevent the continuation of Family Violence.
What is Family Violence?
Family Violence is behaviour by a person towards a family member that:
- is physically or sexually abusive; or
- is emotionally or psychologically abusive; or
- is economically abusive; or
- is threatening or coercive; or
- in any other way controls or dominates the family member and causes them to fear for their safety; or
- behaviour by a person that causes a child to be exposed to the effects of the above.
How is an application for an Intervention Order initiated?
- Applications can be initiated by victims of Family Violence themselves (known as ‘protected persons’) or by Police on their behalf.
- If a victim of Family Violence wishes to apply for an Intervention Order, they must attend the Magistrates Court and give evidence as to their reasons for wanting the order.
Processes of the Intervention Order
- An ‘interim’ order is a form of ‘temporary’ order granted by the Court that covers the period from the initial application until the date that the matter is finally determined by the court. An interim order is considered active as soon as it is served on the respondent.
- The ultimate decision by the Magistrate as to what conditions are to be placed on the order and the length of time it remains in place is called the “final” order.
- The Court treats any breaches of the interim and/or the final order in the same way.
How a court determines whether a final order will be made
- The court may make a final order if the court is satisfied, on the balance of probabilities, that the respondent has committed family violence against the protected person and is likely to continue to do so or do so again.
- How are children involved in an Intervention Order?
- Children can be included in an Intervention Order as protected persons, particularly if they are victims of Family Violence, or have been present when Family Violence has occurred between parents.
What conditions can be included in an Intervention Order?
- The most common conditions included are as follows:
- Not to commit Family Violence against the protected person
- Not to damage property owned by the protected person
- Not to attend within 200m of their address (home/work etc)
- Not to be within 5m of that person
- Not to communicate with them by any means (phone, email etc)
- Not to publish on the internet anything about that person
- Not to approach, telephone or otherwise contact the protected person, unless in the company of a police officer or a specified person
What happens if the respondent does breach the Intervention Order?
- The breach is reported to Police and the respondent may be charged criminally.
What is the penalty for breaching an Intervention Order?
- The maximum penalty for breaching an Intervention Order is Level 7 imprisonment (2 years maximum) or a Level 7 fine (240 penalty units maximum) or both.
It is important to get the right representation for yourself in an Intervention Order process. With our experience in Intervention Orders, our team will provide you with the advice you need in any situation involving Intervention Orders.
If you are in need of legal assistance, please do not hesitate to contact us to get help.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.
If you like to read about a Paul Vale Criminal Law past family violence case:
CaseFamily Violence Contest Hearing – Not Guilty Quick Facts Our client was charged with Intentionally Causing Injury against his former de-facto partner and mother-in-law, pursuant…