A person (or their representative) who has been abused can apply to the Magistrates Court for an Intervention Order. The police may also make an application for protection on behalf of someone they believe is at risk of abuse.
An Intervention Order is a legal order to protect people from domestic violence and other forms of abuse. It is civil in nature but can also be accompanied by criminal proceedings if you breach it.
Interim Orders
If you’re a party to family law proceedings, you may be able to obtain interim orders on behalf of yourself or your children. These orders are a great way to address pressing matters without delay.
For example, if you’re in the middle of a divorce, you might be able to file an interim order for spousal support while the details of your property distribution are finalized in court. This can help ensure you get some money in the bank while the matter is still pending.
You can also apply for an interim order for custody of your children while the court decides who will have primary custody. This can be especially useful if you want to prevent your spouse from relocating your children before the case is resolved.
An intervention order lawyer can help you understand how to use these orders and what they can accomplish. Having an expert handle your application can be crucial to a positive outcome.
Final Orders
A final order is a permanent resolution of the issues involved in the case. It may be a court ruling based on the evidence or an agreement by the parties that is approved by the judge.
For example, if you are seeking a final order for custody, the judge will make a decision based on what you say and the evidence they receive. Sometimes, the parents will have a meeting together and agree on the terms of the order.
In other cases, the judge will issue an order of protection. This is a protective order that prevents the abuser from contacting you or harassing you.
Depending on your case, a final order of protection may also mandate that the abuser surrender his or her weapons. However, this can only happen if you tell the judge you want it to happen.
It is important to follow the court’s orders carefully so that you do not get in trouble with the police. Violations of an order can result in a contempt of court case, which is a criminal proceeding that will require a lawyer to represent you.
Undertakings
An undertaking is a document which contains promises and obligations from one party to another. They can be very useful to assist an intervention order lawyer in resolving a case, as they can provide evidence about a person’s behaviour.
For example, Client C was asked to sign an undertaking which stated that they would not commit any further domestic violence against their partner and they would not breach the orders set out in the Intervention Order. Although this was a good start, it did not prevent them from having to go through the Intervention Order process again in the future.
If you have an intervention order application made against you, it is worth exploring all of your options to see if a consenting without admissions agreement might be a better option for you. This might not only help you avoid a criminal record, it may also help you in your future employment pursuits.
Defending an Application for an Intervention Order
If you are a person who is being abused, threatened or harassed by a family member or partner, you may want to make an application for a Family Violence Intervention Order (FVIO). These are orders that the Magistrates Court can give to people who have been harmed by a family member.
You can apply for an FVIO online on the Magistrates’ Court website or by phone. You can also talk to the registrar at the court and ask them to put you in contact with a court support coordinator.
An order will last for a period of time, usually one, two or more years. Once confirmed, it can’t be revoked without a court hearing.