by An intervention order (or family violence safety notice) is a legal document that prevents someone from committing physical, emotional or financial abuse against you. This includes both family members and non-family members such as neighbours or work colleagues.
An intervention order can be made on an interim or final basis depending upon the circumstances of the case. Interim or’short term’ intervention orders are generally granted until the matter returns to Court for a magistrate to determine whether to make a final order.
Interim Orders
An interim order is a legal document that gives you and your ex-spouse temporary power to make important decisions during the divorce process. It helps you speed up the court proceedings so you can keep moving forward with your life as quickly and smoothly as possible while you wait for the final orders to be made.
Interim orders are used when a case is urgent, such as for example, for the protection of a family member who has been abused or who is being threatened with harm. The interim order can include terms for the protection of the victim and their property, preventing the defendant from owning a firearm, and other conditions.
The interim order can also be used to stop a parent from relocating with children until the end of the court process, as seen in Brant v Brant FamCA 91, where a father sought an intervention order that prohibited his mother from relocating with their children.
Final Orders
An intervention order is an interim court order that restrains someone from being able to act in a certain way towards a protected person. The order can prevent the respondent from being near the protected person, contacting them, or damaging their property.
These orders can last for a long time. The duration of the order depends on how long it takes to resolve the case and is a factor in what we ask for in our applications for these orders.
The order can last for up to 12 months if a respondent is unsuccessful at defending an application. However, any time spent on an intervention order will not be counted towards the 12 months of restraint that a respondent must accept before they can be released from the protection order.
It is essential that a respondent seek advice from an intervention order lawyer if they have been given an order of protection that is being breached. There are penalties for these breaches that can include fines, court appearances and more.
Undertakings
An undertaking is a promise made by a person to the court that they will do certain things. This can be a promise to attend a hearing or follow specific conditions.
Undertakings are a common form of agreement in court, especially when dealing with domestic violence matters. They can also be used in property settlement cases.
When a person is released from police custody they usually sign an Undertaking which promises to follow certain conditions. These conditions may include abstaining from consuming or possessing certain substances, staying away from certain people, or a commitment to attend court.
Undertakings are a legal mechanism that can carry severe consequences if breached. It is important to ensure that you understand the law and make sure that you are making the right promises.
Contested Hearings
A contested hearing is a type of court hearing that takes place when the people involved in the case cannot agree on what should happen. The judge will hear evidence from the parties and their lawyers, or experts who are there to provide their expert opinion.
The purpose of a contested hearing is to give each side a chance to be heard, as guaranteed by the Constitution. In a recent case, opponents of the university’s application for a conservation district use permit to construct telescope observatory on a mountain summit were entitled to a contested hearing before the board of land and natural resources, as a matter of constitutional due process.
If you are not satisfied with a Magistrate’s decision at a contested hearing, either the prosecution or the defence can appeal it to the County Court. This can be a very stressful situation and it is important to get good legal advice before you decide whether to appeal or not.
