An Intervention Order is a court order that imposes restrictions on how you can act towards the protected person.
An Intervention Order is civil in nature and does not result in a criminal record. They can however have family law ramifications and impact if and how you communicate with the other party, and can have other ramifications related to your employment or future employment, and may affect any gun or security licenses that you have.
Breaking the conditions imposed in an intervention order will lead to criminal liability.
For all of these reasons, it is therefore necessary for you to weigh up your options should an intervention order, or an application for an intervention order be imposed against you.
Here are your options for contesting an intervention order:
- You can attend the hearing and agree to the intervention order but disagree with the allegations made by the applicant. This is called consenting without admissions. If you can live with the conditions set in the order then you can accept them, without admitting the accusations made by the applicant. The court will just issue an order without determining if you are guilty or not.
- You can attend the hearing and propose an undertaking instead of an order. An undertaking is written promise to act in a certain way. This option is more advantageous because breaking an undertaking will not result in criminal liability, unless you commit an offence.
- You can attend and request for a contested hearing. A date will be set for a hearing where you can present evidence and oppose the allegations made by the applicant. The court will then decide on whether the order is appropriate based on the evidence submitted by the parties.
- If you failed to attend the hearing or if you attended but do not agree with the conditions set in the order, you may file an appeal within 30 days from the date of issue of the order. The registrar may set the case for rehearing and you will be given a chance to oppose the intervention order.
If an application for an intervention order has been filed against you, click here to enter your details and get more assistance from me. I will give you the advice you need and help you work out your next steps.