A Short Guide to Intervention Order
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.
Here is a short guide to help you understand a little more about intervention orders.
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.
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