An intervention order is a type of protection order that can help protect you from a person who has caused you harm or threat of violence. It can prevent that person from coming near your home, contacting you or causing physical damage to your property.
Generally these orders are civil in nature and do not appear on your criminal record. However, breaching an order can be a criminal offence and can lead to prosecution.
What is an Intervention Order?
An intervention order is a legally enforceable order from the court, which seeks to protect a person from harm. It can be sought in both domestic and non-domestic situations, depending on the nature of the alleged abuse.
The orders can prohibit a person from harassing, threatening, intimidating or attacking the protected person or any other protected persons (e.g. children). They can also prevent them from being near the protected person’s home, contacting them or damaging property.
The police, a protected person or their representative may apply for an intervention order lawyer in the Magistrates Court. The Magistrate can vary or revoke an order. The Magistrate can also make an interim Intervention Order. The Interim Order is as effective as a final order and has the same legal effect.
What are the Conditions of an Intervention Order?
An intervention order (formerly known as a restraining order) is a court order that prohibits a person from behaving in a certain way towards a protected person. It can include a number of conditions, such as not contacting the person or not going near them.
A person can apply for an intervention order on their own or on behalf of someone else. This person could be a spouse, de-facto partner, child, parent or sibling, guardian, carer, friend, work colleague, employer or tenant.
If you have been served with an application for an intervention order, the first thing to do is call the Magistrates’ Court where you live to make a time for your court date (called a mention hearing). The magistrate will then hear why you need the order and decide whether or not it should be made.
What are the Options for Breach of an Intervention Order?
In breach of an intervention order, there are a number of options for the police and court.
A common option is for the police to investigate breaches and to charge the offender with an offence for breach of a court order, which may result in them being charged with other offences such as assault.
The court can impose a fine for breach of an intervention order, which is the standard penalty for this offence in Victoria. The amount of a fine is not normally significant, and does not address the nature or extent of the offending behaviour.
There are also a range of other sentencing options for breaches of intervention orders, including sentences such as a suspended sentence or intensive correction order. These sentences can be more serious than a fine and are intended to provide an appropriate level of punishment.
What is an Interim Order?
Interim orders are temporary legal judgments that remain in place until a final order is issued. These orders are often used for issues like child custody or child support.
If you are involved in a divorce or other family law matter, it can be difficult to make quick decisions. Michigan divorces take a minimum of 60 days to complete, and longer if children are involved.
In these situations, interim orders may help you expedite important actions. These orders are usually based on the facts and evidence that you provide.
What is a Final Order?
A final order is a court decision disposing of all the claims in a case and adjudicating the parties’ rights and liabilities. It is usually the first decision that a trial court has made and it can be appealed to the appellate courts.
In Michigan, the definition of a final order is quite straightforward: it must be the first judgment or order that disposes of all claims and adjudicates the rights and liabilities of the parties in a case.
However, there are some cases where a judge might not reach a decision on all of the issues and may enter an interim order that is not a final order because it does not dispose of the entire case. Some examples of these types of orders include orders to reduce or increase bail, to appoint experts and to compel documents to be produced to the parties at trial.