A Specialist Family Law Lawyer Can Help If You Have Been Served With an Intervention Order

The order will last until a final order is made by the Court. It is the same legal effect as a final order, except it does not need to be signed by the respondent.

If you have been served with an intervention order or are concerned that you might be, you should seek advice from a specialist family law lawyer. An intervention order is a legal measure that can protect you from family violence, financial abuse and other forms of abuse.

These orders are civil in nature but if you breach them, criminal charges may be brought against you. If you are considering whether or not to consent to an intervention order lawyer, contact an experienced lawyer to ensure that you do not open yourself up to criminal proceedings.

What is an intervention order?

An intervention order is a legally enforceable order that seeks to protect you and your family from harm. It can also be used to protect your property from damage.

An application can be made to the Magistrates’ Court by a Protected Person or Victoria Police on their behalf. The Protected Person must complete an application form and swear it to be true.

If the Magistrate agrees that the Protected Person is in danger and needs an intervention order lawyer immediately, they can issue an interim intervention order.

Both family violence and personal safety intervention orders are governed by the Intervention Orders (Prevention of Abuse) Act 2009. We can help you with your application for an intervention order, whether you are seeking protection for yourself or for someone else. Call us on 1300 366 424 for free and confidential advice.

What happens if I am served with an intervention order?

An intervention order may come in the form of a police affidavit, a court order or a letter from a lawyer. It may also be made in the form of an application to the Magistrates Court.

The court or your lawyer will ask you about your fears and concerns so they can advise you of the most appropriate course of action. You will be given an opportunity to answer the questions posed by the magistrate, and a date will be set for a court hearing.

The most important point is that a court will not just make an intervention order against someone unless you prove they have caused you to fear for your life or that you are at serious risk of suffering significant harm or loss, and that a formal order would be appropriate in the circumstances. This is not an easy feat in a busy court system, so be patient and listen to the advice your lawyer or police give you.

What happens if I consent to an intervention order?

If you have been served with an intervention order, you should take legal advice from a lawyer. These orders can have long-lasting effects on your life, particularly with regards to the restrictions on your movements and contact with your children.

If someone you know is acting towards you in a way that is causing you fear and distress, or the threat of violence against you, you can apply to the court for an intervention order. Usually this will involve a preliminary hearing at the police station where the magistrate will read your statement and decide if there is enough evidence to make an intervention order.

An intervention order can last for as long as the court deems it is necessary to ensure the safety of the protected person. It can be for a long period, such as 12 months or longer, or it may be for a short term.

What happens if I breach an intervention order?

If you breach an intervention order, you may be charged with a criminal offence. Breaching an Intervention Order is a serious offence and can result in a large fine or a term of imprisonment.

If you are an Applicant, you can ask the Court to make an undertaking. An undertaking is a formal agreement between the Applicant and the Court that they will follow certain conditions (often very similar to the conditions of an Intervention Order).

You can also ask the Court to make a consent without admission. This means that the Applicant will agree to the Orders without admitting to the allegations made against them.

If you have been served with an application for an Intervention Order, contact a lawyer at Go To Court Lawyers who can assist you in making an application or represent you in court. We have extensive experience in dealing with these incredibly sensitive matters. Our team has over 40+ years of combined experience.


Garza Flora

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