Fighting an intervention order? Engage a lawyer who knows how to fight to win.
I have been served with an order…
If an intervention order has been sought against you it is very important that you contact a lawyer to discuss your situation as soon as possible.
You must comply with the conditions of a valid and current intervention order or you risk being charged with a criminal offence.
It is important to understand that the conditions of an intervention order do not cease to apply merely because the other party agrees to relax or ignore the order. You must apply to the Court if you wish to vary the conditions of the order.
The Court takes breaches of an intervention order very seriously.
What are my options?
Generally speaking, you have three options when confronted with an application for an intervention order:
- You may offer an undertaking to the Court, by which you promise not to commit family violence or engage in any prohibited conduct. Upon your giving the undertaking the party applying for the order will withdraw their application. They will be able to reinstate their application if you do not comply with your undertaking. This resolution is only possible if the other party agrees.
- You may consent to the Court making an order, whilst not admitting the allegations made against you.
- You may contest the application. In this case you will need to attend further court hearings and present your case to the Court.
In order for a family violence intervention order to be granted against your wishes the Court must be satisfied on the balance of probability that:
- family violence has occurred; and
- family violence is likely to occur again in the future.
A family violence intervention order is a serious imposition that can have ramifications in many areas of your life. A breach of an intervention order can lead to criminal charges and possible imprisonment. It is very important that you seek legal advice before agreeing to an intervention order.
Do I need a lawyer?
Whilst most intervention orders are sought for genuine protective purposes they are sometimes used as strategic tool between disputing parties. In these cases, agreeing to an order or having an order made against you can give rise to further conflict.
Having an order made against you may also have implications for any related family court proceedings, your career, and recreational pursuits.
If someone has applied for an order against you call us on 1300 616 183 or click here to contact us to discuss your options.