Intervention Orders

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Grigor Lawyers regularly represent both Applicants and Respondent in Intervention Order (or Apprehended Violent Order) matters in all Courts. We have extensive experience in this area of law to assist you in making an application or contesting an Intervention Order.

While the investigation and punishment of people who commit violence against their family members is a matter for the police, the existence of family violence impacts on the way matters are dealt with in the family courts. Each state and territory has a scheme of intervention orders that apply in case of family violence. These laws operate separately and are generally used when there is an immediate threat to a person. In each State, Intervention Orders are known by a different name:

• Protection Orders (QLD & ACT);
• Apprehended Domestic Violence Order (NSW);
• Intervention Orders (VIC);
• Restraining Orders (NT, SA & WA);
• Restraint Orders (TAS);
• Personal Safety Intervention Order;
• Domestic Violence Order; and
• Family Violence Order.

Family Violence is defined in the Family Violence Protection Act. The purpose of the Act is to maximise safety for children and adults who have experienced family violence and prevent and reduce family violence to the greatest extent possible. In addition, the Act aims to promote the accountability of perpetrators of family violence for their actions. For the purposes of the Act, Family Violence is the behaviour by a person towards a family member of that person if that behaviour (paragraph a):

• is physically or sexually abusive; or
• is emotionally or psychologically abusive; or
• is economically abusive; or
• is threatening; or
• is coercive; or
• in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).

The person causing harm may or may not be a family member. If so, a family violence intervention order may be granted under the Family Violence Protection Act 2008 – if not, a personal safety intervention order may be granted under the Personal Safety Intervention Orders Act 2010. Both orders operate in the same way. An individual may apply for an intervention order, or someone can apply on his or her behalf. Additionally, police have the power to apply for an order for those they believe are in need of protection, and this can occur regardless of the desires of the individual. In family violence circumstances of family violence, it can become necessary to apply for an intervention order. If you are in this situation it is important that you contact a police officer. To make an application for an Intervention Order you will need to apply at the Magistrates’ Court. Our lawyers are able to assist with this process.

If you have been served with an Intervention Order, Family Violence Safety Notice or Interim Intervention Order it is important to contact lawyers as soon as possible so that you can be advised as to the content of the Order. It is a criminal offence to breach an Intervention Order and Respondents must be aware of the consequences that are associated with same. Furthermore, Magistrates’ Courts have the power to suspend parenting orders which may affect a Respondents contact time with their child. There are a number of ways that an Intervention Order matter can be resolved, however it is important to receive correct legal advice in relation to the options available to you. If you think that an an Affected Family Member has sought an Intervention Order against you unfairly, it is imperative that you contact our office so that our lawyers can assess your case.

We do not recommend  Respondents consenting to Intervention Orders before they have received legal advice from an experienced lawyer. Once an Intervention Order has been made by the Court, the Respondent must ensure that they do not face criminal charges as a result of breaching the order.

If you have had an Intervention Order served upon you it is highly recommended that you contact an experienced law firm that has success in both applying and contesting for Intervention Orders. Grigor Lawyers can can advise and represent you in these matters.

 

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