An intervention order is an order under civil law that restrains a person from behaviour that could cause them harm or threaten the safety of another person.
An intervention order can be applied for by a family member or by Victoria Police. They can also be made and confirmed by the Magistrates Court.
What is an intervention order?
An intervention order (formerly known as a restraining order) is a court order which helps protect you and your family against abuse. This is an order that prohibits a person from behaving in a certain way towards you and your family, including preventing them from being near you or contacting you or damaging property owned by you.
An application for an Intervention Order can be made by Victoria Police or by a protected person or their representative. This can be an individual application or on behalf of a child.
What are the conditions of an intervention order?
Intervention Orders are a form of Court Order that prevent a person from behaving in a particular way towards you or a family member. They include restrictions such as not contacting you, not going near you or not coming in contact with you by telephone.
The courts take intervention orders breaches very seriously. They can be penalised with fines or even imprisonment if the person breaching the conditions of the Intervention Order is convicted.
Can I consent to an intervention order without admissions?
An intervention order can be made without admissions (sometimes known as a consent order). This means you agree to the conditions (rules) in the application but do not admit to everything that was said about you.
An intervention order is made to reduce the risk of family violence happening again. It is a legal tool to stop abuse and it can be used for many different reasons.
Can I consent to an interim order?
Interim orders are temporary orders that are put in place by the Courts until a final decision is made. They are usually issued to ensure Status quo, and prevent a party from doing something that might prejudice the outcome of the case.
An interim order can be a useful way to keep things moving during the family law process. However, it is important to be aware that interim orders can often be difficult to change if your situation changes.
Can I consent to a final order?
If the person accused of family violence breaches an intervention order, the Court can fine them or jail them. It can also order them to pay a bond and compensation.
A 'Final Order' can be made after hearing evidence at a contested hearing if the Court is satisfied that family violence has occurred and requires protection from the order. The respondent may consent (usually without admissions) to all or parts of the application including its duration and proposed conditions.
It’s important to get legal advice before you sign an order, and to make sure the order accurately reflects what the judge said. Getting a copy of the order is also helpful.
Can I consent to an undertaking?
In a nutshell, an undertaking is a promise that you will do something. A common example is that you will pay a sum of money. A breach of the undertaking can land you in hot water.
Undertakings are also common in the family law and property settlement sectors, especially where there is a risk of child or spousal abuse or financial loss. The best way to know whether an undertaking is for you is to consult an intervention order lawyer. They will be able to advise you on the possible consequences of an undertaking, as well as provide tips on how to ensure yours is the best it can be.
Can I consent to an interim order where there has been police involvement?
An interim order is a temporary order issued by a court during the pendency of the case. These orders are used to ensure status quo until the final decision is reached or an agreement made between you and the other person.
These orders can include a restriction on the person's contact with you and/or their children, or their use of property. They can also be a directive order to stop someone from acting in a certain way until the trial, or until further orders are made.
For More Information: https://interventionorderlawyer.com.au/domestic-violence-intervention-order/