An Intervention Order is a court order that imposes restrictions on how you can act towards the protected person. Although it does not result in a criminal record, it can have family law and other legal ramifications.
Types of Intervention Orders:
There are different types of Intervention Orders that can be granted in Melbourne and Victoria, depending on the circumstances. Some of the most common types of Intervention Orders include:
These orders are used to protect a person from family violence. They can be made by the court or the police, and they can impose conditions on the respondent’s behaviour towards the affected family member.
These orders are used to protect a person from physical harm, stalking, or threats of harm. They can be made by the court or the police, depending on the circumstances.
I have been served with an Intervention Order, what are my options?
If you have been served with an Intervention Order or an application for an Intervention Order, it is essential to seek legal advice as soon as possible. A criminal lawyer and family lawyer can help you understand your legal rights and options and provide you with the support and guidance you need, particularly if there are children involved with the other party.
If you have been served with an Intervention Order in Melbourne or Victoria, you need to know your options for contesting it. Breaking the conditions of an Intervention Order can result in criminal liability, so it is essential to weigh up your options. Here are the available options for contesting an Intervention Order:
- Consenting without Admissions: You can attend the hearing and agree to the Intervention Order but dispute the allegations made by the applicant. If you can live with the conditions set in the order, you can accept them without admitting to any accusations. The court will then issue an order without determining guilt.
- Proposing an Undertaking: You can attend the hearing and propose an undertaking instead of an order. An undertaking is a written promise to act in a specific way. This option is more advantageous because breaking an undertaking will not result in criminal liability unless you commit an offense.
- Requesting a Contested Hearing: You can attend and request 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.
- Filing an Appeal: 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.
Intervention Orders are not criminal charges
It is worth noting that Intervention Orders are not criminal charges, but a breach of an Intervention Order is a criminal offense. Intervention Orders can have significant implications for your future, including affecting your employment, future employment, and gun or security licenses.
To contest an Intervention Order, you need to present evidence that disproves the allegations made by the applicant. It is crucial to have a good understanding of the legal process and your legal rights. Seeking legal advice from an experienced family law and criminal law practitioner can help you navigate the legal process and understand your options.
How do I get an Intervention Order on someone?
To obtain an Intervention Order, the applicant must file an application with the court or the police. The court will then decide whether to grant the order based on the evidence presented. If the court grants the order, the respondent will be served with the order, and they will need to comply with its conditions.
If the respondent disagrees with the allegations made by the applicant, they can contest the order by attending a hearing and presenting their evidence. The court will then decide whether the order is necessary and appropriate based on the evidence presented by both parties.
In summary, an Intervention Order can have significant legal and social implications, and it is essential to know your options for contesting it. By seeking legal advice from an experienced lawyer and presenting your evidence effectively, you can protect your legal rights and defend your interests.
If you need help contesting an Intervention Order or want to learn more about your legal rights, click here to contact Shane McClure to book a free, no-obligation Discovery Call today. Shane McClure is an experienced family law and criminal law practitioner who can provide you with the support and guidance you need to navigate the legal process effectively.