If you have been issued an intervention order, hiring a lawyer can provide essential legal support. Representing you in court and offering criminal defence if needed are among their many capabilities.
An intervention order is a legal document designed to stop violence between two people. It may stipulate certain conditions such as not communicating directly or coming within certain proximity.
A lawyer can help you apply for an intervention order
An Intervention Order, also known as an AVO, Restraining Order or Protection Order sets guidelines regarding how someone else (the Respondent) can behave towards you. An Intervention Order prohibits them from contacting, coming within certain distance of or assaulting you or damaging your property; breach of an intervention Order can even result in jail time for its violator.
Intervention orders can be requested either directly by you or the police; however, if safety concerns exist or to ensure an application for permanent order will be submitted successfully you should seek legal advice first.
As part of your application for an intervention order, you will need to fill out an intervention order application form and meet with a registrar at your local Magistrates Court for a short interview. They will type up a summary of reasons why an order is necessary and give it back for signature.
They can represent you in court
If someone feels threatened, they can call the police who will assess if immediate protection is required and issue a Family Violence Safety Notice or Interim Intervention Order as short-term relief that can be filed at their local Magistrates Court (see list of Courts).
An interim intervention order may include conditions that the respondent must abide by, such as not contacting, communicating or coming within a specified distance of a protected person. Any violations can constitute criminal offences and warrant arrest of the respondent.
Respondents can either agree with or contest an intervention order and a hearing date will be scheduled with the magistrate to assess both parties before making a final order. Any breach could lead to charges being laid against them and having criminal records created which could hinder future employment and travel opportunities. It's always wise to consult legal advice if served with such orders as there may be ways of amending or revoking them altogether.
They can help you enforce an intervention order
An intervention order is a court order which prevents someone from engaging in family violence against you. Although an intervention order will not appear on their criminal record, police can use it against them if they breach its terms and are charged with breaking it. Magistrates' courts can issue interim orders known as FVIO's or PSIO's to safeguard you while they decide whether or not a final order should be granted on your application.
At the counter, a registrar will read your application form and ask questions in private to determine whether an order is necessary. If you are worried about your safety, they may arrange for someone to accompany you during hearings; then tell you how to reach a intervention order lawyer that can assist in applying for intervention orders and attending hearings if needed.
They can help you build a strong defence
An attorney can provide invaluable help if an intervention order application is filed against you, from gathering evidence and interviewing witnesses, to cross-examining them and compiling relevant documents. They may even suggest mediation or counselling sessions in order to address issues which led to your application for intervention order.
Those who violate an intervention order will be arrested and charged with criminal contempt, with penalties such as community service or a good behavior bond determined by the severity of the breach and whether or not it constitutes repeat offense.
Step one in challenging an intervention order is attending the preliminary hearing, where a magistrate will review your statement and determine if there are grounds to issue an interim order, which takes effect immediately and remains until either court dismisses your application or grants permanent protection through permanent orders.
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