How do you fight an intervention order

How do you fight an intervention order

An intervention order is a court order that imposes restrictions on how you can act towards the protected person. It is civil in nature and does not result in a criminal record. However, breaking the conditions imposed will lead to criminal liability. Hence, it is necessary for you to weigh your options should an intervention order be applied against you.

Here are your options for contesting an intervention order:

  1. 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 it, without admitting the accusations made by the applicant. The court will just issue an order without determining if you are guilty or not.
  2. 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.
  3. 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.
  4. 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 will set the case for rehearing and you will be given a chance to oppose the intervention order.

If an application for intervention order has been filed against you, do not hesitate to contact me for advice before you decide which option to take. Click here to contact me.