Family violence can happen to anyone and can take many forms such as physical abuse, emotional abuse, sexual abuse, verbal abuse or economic abuse. We provide crucial advice in relation to ensuring the safety and protection of a party or child with respect to obtaining intervention orders and further safety measures for you and your children.
Our expert family lawyers draw up on over 130 years of combined experience and can provide appropriate legal services such as family violence orders and interventions, call 03 5941 1622 for more information.
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Frequently Asked Questions
Intervention Orders - What do they Do?
An Intervention Order is a court order that restrains a person from engaging in family violence, and places conditions on their interactions with the affected family member.
The Intervention Order will name the person who is protected by the order, and the person who is restrained by the order. It will also detail the types of conditions that apply, which may include not coming within a certain distance of the affected family member’s home, and not communicating with that person in any way.
It is important to understand exclusions that may apply to the conditions of the Intervention Order, which may include the ability of a person to communicate with a protected person in relation to children’s matters or where the restraints/conditions may be contrary to a family court order.
Always seek advice in relation to the restraints and exclusions contained in an Intervention Order before acting, as a breach of an Intervention Order is a criminal offence and taken very seriously by the court.
Can I still see my children if I have an Intervention Order against me?
Intervention Orders include certain conditions that restrict the actions a person named as the respondent can undertake, which can include the ability to spend time or communicate with the person’s child or children.
Conditions and exclusions in an intervention order are complicated, and it is best to obtain legal advice to ensure you understand the conditions of the order and your obligations.
Where an existing family court order provides for a party to spend time or communicate with a child named as a person requiring protection on the Intervention Order, a clause may be included in the Intervention Order permitting the parenting arrangements to continue. Careful consideration must be applied to the conditions and exclusions in the Intervention Order before acting to ensure behaviour is not in breach of the order.
What is an Interim Intervention Order?
A magistrate may make an Interim Intervention Order if they believe a person is not safe and needs protection immediately. An interim Intervention Order may be made without the Respondent being present and is based on the information provided by the applicant, the person seeking protection.
An Interim Intervention Order remains in place until a Final Intervention Order is made or Order is dismissed and carries the same penalties as a final intervention order if it is breached.
It is important to seek legal advice if you have been issued with an Interim Intervention Order. It is important to understand your rights and obligations with respect to that order, including the steps necessary to enforce the order to a final Intervention Order, or alternatively the steps necessary to oppose the application.
Allegations of Breach of Intervention Order
A proven breach of an Intervention Order is a criminal offence. As such, allegations that a breach has occurred are treated seriously, and legal advice prior to engaging in any formal interview with police is recommended.
Any disclosures made during a police interview will be admissible in court as evidence during any prosecution that flows from an allegation of a breach of intervention order.
Duffy & Simon recommends that you obtain legal advice before participating in any formal record of interview with the police. We are able to provide advice on your rights, what offences for which you may have been charged and the options available to you.
Duffy & Simon can advise you on your rights with respect to Intervention Orders. Each case is different, and it is important to obtain that advice prior to taking any action.