If you have been served with an intervention order application or family violence safety notice, it is important to obtain legal advice as soon as possible. An experienced intervention order lawyer can help you understand your situation and negotiate the appropriate outcomes.
An intervention order can be used to protect any person who has suffered domestic or non-domestic abuse in the past, or is likely to do so in the future. Generally, an intervention order is made for a set period of time, such as 12 months or two years.
Interim Orders
Interim orders are orders put into place before final orders are made by the court. They are designed to ensure status quo and ensure all the parties involved in family law proceedings are able to continue with their day-to-day lives while their cases are resolved.
The interim order process is designed to offer immediate, temporary protection for family members who are impacted by family violence or who fear that they will be. Unlike final orders, these are usually made ex parte, meaning they are issued without giving the other party adequate notice or a chance to respond to the application.
This type of order allows the police to act quickly, even if you do not want them to. It also sets out conditions to stop the respondent from using family violence against you or your children. If the respondent breaks these conditions, they could be charged with a criminal offence.
Final Orders
When a petition is filed against a respondent who is a family member and they are found to be abusive or have committed an offence against another person under the Family Law Act (a family offense) an Intervention Order can be obtained. An Intervention Order can have the effect of preventing the person from returning to their home, being in contact with other people or being able to work.
However, it is important to note that an Intervention Order can be misused by some Respondents. If you are served with an Intervention Order and have any questions about how it might affect you or your family please do get in touch with Miceal Ambrose Lawyers on (07) 3221 4300 for a free consultation.
The Family Court Act allows for an order of protection to last up to two years unless the court finds aggravating circumstances or there is a violation of the order. This could be a physical injury, repeated abuse, use of weapons or a history of committing family offenses among other scenarios.
Undertakings
In financial settlement proceedings an intervention order lawyer may require their client to agree to undertakings such as releasing them from any mortgage or loan liability. Undertakings are a legal obligation that can be enforced against the person who makes the undertaking and they remain in effect until either vacated by the court or the relevant charges are disposed of in court.
The law governing undertakings is complex and there are a number of issues which solicitors must be aware of when receiving or giving such undertakings. For example, solicitors should be extremely wary of undertakings from non-lawyer legal providers.
Undertakings are often used in family law matters and can be an effective way for a victim to seek protection against domestic or family violence. However, it is important that the victim understands what the implications of accepting an undertaking are.
Breach of Orders
Breaching orders made by family court judges can be a very serious issue. They can have a huge impact on your child's safety and wellbeing, so it's important to seek legal advice if you think your former partner is breaching court orders.
Breaches of a parenting order can include things like failing to turn up for contact, not returning the children to their other parent on time and refusing to attend any programmes they are ordered to attend by the court. It's important to discuss these breaches with the other party and explain how they are affecting you and your child so that they can be addressed.
If you think your ex-partner is breaking a court order it's important to seek legal advice immediately. They may be able to help you apply for a Contravention Application which is a very powerful way of forcing the offender to comply with the original order and potentially face further penalties.
For More information: https://pointcookfamilylawyer.com.au/intervention-orders/