INTERVENTION ORDER LAWYERS

 

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Intervention Order Lawyers

 

Domestic violence and personal safety laws have the purpose of keeping adults and children safe from family violence and people safe from prohibited behaviour, to prevent and reduce family violence and prohibited behaviour as much as possible and to promote accountability of personal conduct.

 

Our lawyers are experienced in intervention order matters and provide legal advice, court representation including contesting an intervention order and negotiations to resolve intervention order matters.  

 

Call us today for a free initial consultation on 1800 572 417 to discuss your options and the costs of our legal representation.

 

Application for an Intervention Order

Intervention orders are orders made by courts after an Application for an Intervention Order has been filed with the court.  An Application for Intervention Order can be made by the police, a family member or person where they can show that there has been family violence or prohibited behaviour (there are some restrictions on who can apply).

 

A court will decide based on the information in the Application for an Intervention Order, whether it needs to intervene by making court orders known as an Intervention Order or Domestic Violence Order to keep family members safe from family violence or people safe from prohibited behaviour such as stalking, bullying (including cyberbullying) or harassment.

 

Intervention Order Consequences

Intervention orders can have dire consequences for the person the Application for an Intervention Order is against.  This person is called a respondent or defendant.  The respondent can be restricted from going back to their home address (if the protected person is living there), restricted from going to a school, workplace or other address, a respondent can be restricted from going within a certain distance of a protected person and a respondent can be restricted from contacting a protected person or posting information about them online.

 

Breaching an Intervention Order

Once an Intervention Order has been made, if the respondent does not strictly comply with the orders, this is called a breach.  Where a violation of Intervention Order is reported to the police, a respondent can be charged with a crime.  There are very serious penalties that apply for breaching an Intervention Order, including imprisonment and fines. 

 

If you have been charged with breach of an intervention order, contact our intervention order lawyers today for legal advice and options.

 

Opposing an Intervention Order

Every respondent has the legal right to oppose or challenge an Application for an Intervention Order.  There can be important reasons to oppose an intervention order if it has been brought without proper or lawful grounds.  Unfortunately, intervention order laws can be abused where allegations are made about behaviour that has never occurred.

 

If you are considering opposing an intervention order, contact our intervention order lawyers for legal advice about your prospects of success.  We provide top-quality legal representation at competitive rates.

 

Intervention Order Options and Negotiations

Depending on the behaviours alleged in the intervention order, there are often options that can be discussed to reduce the conditions imposed on a respondent or have the intervention order withdrawn in return for a promise to the court.  These options may be available where it can be shown that the protected person is not put at risk of family violence or prohibited behaviour.

 

Changing or Varying an Intervention Order

If you want to change an intervention order or negotiate the conditions in an intervention order, our lawyers can help you prepare the appropriate application to the court, assist any police negotiations and make submissions to a court.

 

It can help where a change to an intervention order is sought, to show any changes in circumstances that would show that a protected person is no longer at risk from family violence or prohibited behaviours.

 

People Also Ask These Questions

 

What are my Options for an Intervention Order?

The options available to a respondent or defendant when facing an intervention order depend on the behaviours alleged in the Application for an Intervention Order and any changes in circumstances that can be shown. 

 

There are often options that are available depending on your circumstances, which may include:

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

  2. Seeking that the Application for an Intervention Order is withdrawn because the protected person and any children are not at risk.

  3. Negotiating appropriate restrictions for the intervention order.

  4. Allowing a respondent or defendant to see the children and negotiate parenting arrangements even if the intervention order is in place.

  5. Filing a cross-application even if an intervention order has been taken out against you, where a respondent or defendant can show they need protection.

  6. Negotiating the period that an intervention order applies.

  7. Negotiating arrangements for family, school or work circumstances.

  8. 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 some circumstance.

 

Anyone affected by an intervention order can apply to vary the intervention order.  This can include the applicant, protected person and respondent or defendant.  A respondent or defendant usually must ask permission from the court before bringing an application to vary an intervention order.

 

An applicant or respondent will usually need to show a change in circumstances before they can bring an application to vary an intervention order.  This could be the completion of a Behavioural Change Course, psychological counselling or some other circumstance.

 

Will an Intervention Order Affect my Employment?

An intervention order can harm your career, ability to look after or foster children and to hold specific licenses such as a security license, firearms license and hold special positions.

 

When an intervention order is put on a respondent or defendant, they do not have to admit to or agree with any of the allegations made about them.  Despite this, there can still be adverse inferences made because an intervention order has been put in place against a person. 

 

An intervention order can affect certain career paths and may have to be disclosed to employers.

 

Will an Intervention Order Affect my Firearms?

An intervention order will usually result in the loss of the right to hold a firearms license, to keep firearms and to use firearms.

 

There are some exceptions where a person can apply to keep their firearms license and firearms.

 

Will an Intervention Order Stop Me From Fostering Children?

In most circumstances, an intervention order will not stop someone from fostering children, but, this will depend on the allegations being made. 

 

If there are serious allegations made in an Application for Intervention Order which raises questions about a person's ability to look after or be safe around children, then it can result in the loss of the right to foster children or the cancellation of a Working with Children Card or Blue Card.

 

Can the Police Force an Intervention Order on a Protected Person?

The police can seek an intervention order to protect a person (the protected person), even if the protected person says they do not want or need the intervention order.  That being said, the police must prove that a protected person needs protection.

 

A court will make the final decision about whether an intervention order is required or not.  If the police seek an intervention order which is opposed by the protected person, the court will look at the circumstances to determine if the protected person needs an intervention order to protect them from family violence or prohibited behaviour such as stalking, bullying or harassment.

 

If a protected person opposes an intervention order, the police are usually reasonable, and if appropriate, they will be receptive to withdrawing an Application for Intervention Order or consider circumstances and make allowances and changes in intervention orders.

 

Can I Apply for an Intervention Order?

Any person in need of protection from family violence or prohibited behaviour such as stalking, bullying or harassment can apply for an intervention order.

 

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.

 

Often before a final intervention order is granted, an applicant will need to show that it is likely that family violence or prohibited behaviour will continue unless a final intervention order is made.

 

Do I Have to Agree to an Intervention Order?

A respondent or defendant does not have to agree to an intervention order being imposed on them.  A protected person can also oppose an intervention order being applied for them by police.

 

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

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

  • Oppose the intervention order where you will need to go to a contested hearing to provide evidence to a court as to why a final intervention order should or should not be made.

  • Agree to the terms of an intervention order, while not admitting to any allegations made.

  • Agree to the terms of an intervention order while negotiating any restrictions.

  • 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 less serious allegations).

 

When Can an Intervention Order be Put in Place?

Generally, an intervention order can be put in place where there has been family violence or prohibited behaviour such as stalking, bullying, cyberbullying or harassment.

 

What is the Definition of Family Violence?

Under the Family Violence Protection Act 2008, in the State of Victoria, 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 above.

 

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.

 

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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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