An intervention order is a legal order that can protect people from being abused by someone else. They can be made in any state of Australia.
Interim and Final orders can be imposed by Magistrates when they feel that a person is not safe and requires immediate protection. The interim orders last until a magistrate decides whether to make a final order.
Interim orders
In some cases, people are unable to wait for the end of a family law case and need to obtain an interim order in the meantime. This can be useful in situations where there is an urgent need for action, such as the payment of child support or the assignment of custody of children.
Interim orders are usually made by judges and can be used to maintain the status quo while the court makes its decision. The courts will consider a variety of factors in making an interim order, including the needs of the parties and whether they can reach an agreement.
The Court can also make an interim order that prohibits a person from violating an order of protection. This will include preventing them from making contact with the protected person or even from being in their presence.
Final orders
If you are served with an intervention order you need to get in contact with a lawyer immediately. This is because you may be able to challenge the allegations made against you in the petition.
If the police or a family violence lawyer apply for an intervention order, they will be required to show that there has been an incident of family violence that you are not capable of defending against. This will be a very serious matter and you should not take the case lightly.
The judge will issue a temporary order which is merely designed to set the parties’ rights and responsibilities on a temporary basis until either the trial judge hears all the evidence and issues a final order or they reach a settlement agreement. Some courts make a temporary order for only the length of time until the next court appearance, however, others will continue it indefinitely if the case continues to be pending.
Consent to an Undertaking
A consent order is a great way to get things done without the fuss and intrusion of litigation. However, it can also be a source of frustration and unnecessary expense for the parties involved if not properly managed.
An intervention order lawyer will be able to guide you through the process and help you make informed decisions that are both practical and fair. They will also be able to point you in the direction of the latest legal technology that can help you keep your court costs down and your sanity intact.
The best way to find out is to call us today and schedule an appointment with an experienced intervention order lawyer. Alternatively, you can sign up for a free trial of LexisNexis’s new bespoke legal document and case management software to see for yourself. It has all the features you need to create a high quality and professional looking document in minutes. The best part is you can access it from anywhere in the world, any time, 365 days a year.
Contested hearings
When you plead guilty or not guilty in the Magistrates Court, your case will be adjourned for a contested hearing. This is a chance for your lawyer to present evidence and arguments to the Magistrate and make a strong case for you.
Once a magistrate has heard your case, they will decide whether to make an Intervention Order or not. An Intervention Order can last for one, two or more years, depending on how long the Magistrate believes it is necessary to protect you and your family.
An order can last for a long period of time if the Magistrate thinks that violence will likely happen again in the future. This is called a ‘long term’ or a ‘full intervention’ order. You can also ask the Magistrate to change some conditions of the Intervention Order so that they are more workable, or you can rescind the Order if you feel it is not appropriate for your circumstances.
