An intervention order can limit contact between two individuals, prevent violence or damage and protect children. A lawyer can advise on your rights, represent you in court proceedings and assist with enforcement if needed.
Intervention Order cases often take 6-12 months and involve numerous hearings before a final contested hearing is set for court hearing. We represent both Respondents and Applicants alike in such proceedings in all Magistrates Courts across Australia.
Legal advice
Intervention orders set rules regarding how a respondent (the respondent) must interact with another individual (the protected person). Their purpose is to protect this individual from physical, verbal and emotional abuse by the respondent; breaking these regulations constitutes a criminal offence punishable by jail time for the defendant.
Legal advice refers to any advice provided by an attorney that pertains to specific areas of law. Providing accurate guidance in these matters requires both in-depth knowledge of and an analysis of applicable regulations.
South Australia provides those who fear family violence with the option to apply for an intervention order lawyer restricting certain actions from occurring by another. Applications should be filed with their local Magistrates Court who will arrange a date and hearing. You may make or ask someone else make this application on your behalf; any breaches can have serious repercussions for an accused including possible community service requirements.
Representation in court
Intervention orders (sometimes known as restraining or apprehended violence orders) provide guidelines regarding how someone (the respondent) must behave towards someone else (the protected person). These rules aim to protect the protected person from physical and emotional abuse. Violating an intervention order is considered criminal behavior.
Magistrates may issue an interim or "short term" intervention order without consulting with the individual to whom it applies, in their absence. An interim order will remain in force until there is a court hearing at which time a magistrate decides on an intervention order for good.
An intervention order can be sought by any applicant, affected family member, police officer, or parent - including either party as Respondent in intervention order proceedings. Our lawyers can represent either party involved.
Cancellation or revocation
Once a protection order is approved by a court, it remains in force until cancelled or altered by them. To request either, submit an application for leave with the Magistrates' Court. There could be various reasons why someone might seek its cancellation or repeal; such applications should include supporting documentation that indicates these grounds.
It could be that the person who applied for an order has changed their mind, no longer supports or needs it for whatever reason, such as experiencing domestic violence and no longer needs the order as protection.
Breaking an intervention order is illegal, which could have serious repercussions for your employment and travel opportunities - especially if it involves an AVO or DVO. For this reason, legal advice should always be sought prior to applying for cancellation or revoking of such an order; you can book a free Discovery Call here in order to do so. Having legal representation make the process simpler.
Enforcement
An intervention order is a legal court order which is used to protect people from violence, harassment and stalking. It can restrict actions by another individual and even prohibit them from coming within certain distance of a certain victim.
Intervention orders may either be interim or final in nature. A magistrate will only grant a final order after hearing evidence in a contested hearing that establishes that an offender has committed family violence, that it will recur, and that an affected family member fears for their safety.
Lawyers specializing in this area of law can ensure your legal rights are safeguarded throughout the process and assist in creating a solid defence strategy. Furthermore, they can explain what are the consequences for breaking any orders that have been set. Finally, they may be able to help obtain a Guardianship Order; which grants someone power over an incapacitated adult's affairs on an ongoing basis.