Intervention orders are legal orders issued to protect individuals against prohibited conduct or family violence, both domestic and non-domestic. They cover both forms of abuse.
At Intervention Order Lawyer
, our lawyers specialize in defending Intervention Order applications and helping with their preparation to ensure they comply with legal professional standards.
The application process
Intervention orders provide protection from assault, harassment, threats and stalking by legally prohibiting contact between an aggressor and their target, giving victims peace of mind knowing they are secure from further attack.
Process begins by filing an application with the magistrate court. If they believe there's immediate risk, an interim order may be granted until all relevant evidence can be reviewed and decided on for an appropriate final order.
When making an application, it is vital that all pertinent details about the situation and person involved are included. Evidence to support your case, such as witness testimonies from professionals or friends as well as your own statement describing why an intervention order is necessary should also be collected and given to the registrar; for example if attending hearings is impossible you might require special arrangements like telephone hearings instead.
The court’s decision
If the court grants an intervention order, its terms and duration will be specified by magistrate. Anyone needing protection can ask to amend or extend this order if necessary.
A magistrate will listen to both parties before making a decision. If you disagree with his/her ruling or have any queries, an application to vary or revoke can be filed at a final contested hearing - however it is advisable to seek legal advice first as it could potentially alter or cancel an order altogether.
At a contested hearing, both you and the respondent will have an opportunity to call witnesses at your respective contested hearings, with witness affidavits also provided by the prosecutor as evidence for allegations. You must prove each breach allegation beyond reasonable doubt (this includes speaking with police about it) for each allegation to stand. A breach may result in criminal record that affect employment opportunities or travel plans negatively.
Changes to the order
If you have been granted a Intervention Order Lawyers, it is imperative that you abide by its conditions. Failure to do so could result in criminal charges being laid under the Family Violence Protection Act (FVP Act).
Courts have the power to modify or cancel an order; however, you will have to attend a hearing for this process. If asked to change or cancel the order and feel it is unfair then legal advice should be sought immediately.
At the hearing you will be able to address why the order is unfair and its potential impact. Your duty lawyer will also assist with negotiations of different conditions. Intervention Order Lawyers Legal Aid or community legal centres may offer free legal representation at these hearings; without legal representation you could be cross-examined by the other side.
An intervention order lays down rules about how a respondent (the respondent) must behave towards someone (the protected person). Specifically, this order prohibits respondents from threatening or harassing the protected person, their children or property in any way; violations could lead to criminal charges being laid against the respondent.
Law requires police to make criminal charges when there are reasonable grounds for believing there has been a violation of an intervention order, though often times this burden of proof can be difficult in cases that involve violations without physical violence being involved.
Those who disagree with a magistrate's decision about an intervention order can file for an appeal through what's known as a "contested hearing", taking place at the Magistrates Court where it was issued. You will need evidence supporting your argument such as witness testimonies or your personal statement to support it.