INTERVENTION ORDER LAWYERS

INTERVENTION ORDER LAWYERS

Our team of experienced and professional intervention order lawyers understand the difficulty both individuals and couples face when it comes to intervention orders.

 

For the most part, intervention orders can help provide protection for victims.  People can face intervention orders for a range of behaviour from a heated argument, to physical altercations and other behaviours like stalking.

 

If you are facing an intervention order, whether as a victim or the respondent\defendent, as many others have before, turn to our lawyers for answers, options and strategic legal advice and representation in court.

 

What are my options for an intervention order?

Often, there any options available for intervention orders.  Depending on your circumstances, some of the options may include:

  1. Challenging an intervention order (even if it has been applied for by the police).

  2. Asking for the application to be withdrawn because you are not a risk.

  3. Lessening any restrictions imposed by the intervention order.

  4. Allowing you to see your children and negotiate parenting arrangements around the intervention order.

  5. Making a cross-application even if an intervention order has been taken out against you, where you are also a victim and need protection.

  6. Negotiating a better outcome.

  7. Negotiating the time period that an intervention order will last for.

  8. Seeking special arrangements for family or work circumstances.

  9. Reducing the effect an intervention order can have on you.

 

How do I vary an intervention order?

You can ask a court to vary an intervention order.  This can include changing the conditions of an intervention order, allowing something to occur or to take into account unusual or special circumstances.

 

Our lawyers help both applicants, protected people and respondents\defendents to make applications to vary intervention orders.

 

We can give you strategic advice about your prospects of varying an intervention order and ensure you address the questions and risks the court will consider when considering whether to vary an intervention order.

 

Will an intervention order affect my job?

An intervention order can have a negative impact on your career, ability to look after children and to hold certain licenses such as a security license, firearms license and hold special positions.

 

While ordinarily, when an intervention order is put on someone (the respodnent\defendant) they do not admit to any wrongdoing, there can still be negative inferences and impacts.

 

If you have a firearms license, it is likely you will no longer be able to retain your license or access firearms.  Exceptions can apply.

 

If you work with children and have a working with children's check\blue card or other checks, your status to hold that working with children's card may change or be revoked.  Under some circumstances, you may not be allowed to work with children any more.

 

Can the police force an intervention order on me whether I like it or not?

The simple answer is in most cases, yes, the police can force an intervention order to be put in place whether you like it or not, even if you are the protected person.

 

The police have a duty to protect people in society from harm.  An intervention order allows the police to provide protection to victims of family violence and other prohibited behaviours.

 

That doesn't mean you don't have options.  The police are reasonable and if appropriate, they will be receptive to withdrawing the application if they have made a mistake or consider special circumstances and make allowances and changes in intervention orders.

 

Our lawyers can negotiate with the police on your behalf, whether you are a protected person (victim) or respodnent\defendant.

Can I apply for an intervention order?

Yes, you can apply for an intervention order.  Intervention orders can be applied for by both the police and civilians. 

 

If you are applying for an intervention order, you will need to be able to prove on the balance of probabilities that you need protection based on events and circumstances. 

 

Our lawyers can assist you with your intervention order application or you can speak to your nearest Magistrate's Court or local court for assistance. 

 

Do I have to agree to an intervention order?

No, you do not have to agree to an intervention order being put in place.

 

You have rights and options in dealing with an intervention order.  Depending on the circumstances, some options may change.  Generally, you can:

  • Show you are not a risk or at risk, and negotiate for the intervention order to be withdrawn.

  • Challenging the intervention order.  It is likely you will need to go to a hearing to hear the challenge and the evidence supporting or challenging the intervention order.

  • Agree to the terms of an intervention order

  • Agree to the terms of an intervention order with changes to the conditions

  • Ask for the intervention order to be withdrawn and give a special promise to the court that you will not commit prohibited behaviour again (usually only available for minor matters).

Our intervention order lawyers have helped many respondents\defendents negotiate and get through an intervention order proceeding.  We can help you too.

 

When can an intervention order be put in place?

Generally, an intervention order can be put in place where there has been family violence, abuse and\or stalking.

 

Family violence can include:

 

1. behaviour by a person towards a family member of that person if that behaviour—

(i)     is physically or sexually abusive; or

(ii)     is emotionally or psychologically abusive; or

(iii)     is economically abusive; or

(iv)     is threatening; or

(v)     is coercive; or

(vi)     in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

2. behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).

 

 

Examples of behaviour that constitute domestic violence can include:

 

(a) causing personal injury to a person or threatening to do so;

(b) coercing a person to engage in sexual activity or attempting to do so;

(c) damaging a person’s property or threatening to do so;

(d) depriving a person of the person’s liberty or threatening to do so;

(e) threatening a person with the death or injury of the person, a child of the person, or someone else;

(f) threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;

(g) causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;

(h) unauthorised surveillance of a person;

(i) unlawfully stalking a person.

 

Whether you are applying for an intervention order or responding to one, our lawyers can give you legal advice, options, solutions, knowledge, appear for you at court hearings and help you get through with the best outcome.

 

 

In an intervention order legal crunch?

 

Speak to an Intervention Order Lawyer today on 1800 572 417

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Disclaimer - This information has been provided for general information and education purposes only. This information is not intended and should not be taken as legal advice. This information is general in nature only and may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. This information should not be relied upon nor acted upon without the benefit of professional legal advice based upon your particular facts and circumstances.

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