Intervention Order Options
Resolving your case
In addition, you will receive brief detail about the basis for the application and what orders are sought (with regarding to an Interim Order and conditions of an order). The matter must proceed to Court on the specified date and cannot be resolved sooner (with few exceptions). At Court, there are a number of options available in dealing with an Application for an Intervention Order of which should be carefully considered with the right legal advice. These are the options available:
Agree to an Undertaking
If the Protected Person and the Respondent both agree (and the police, if the application was made by them), the the Respondent can consent to an Undertaking. An Undertaking in a promise not to breach certain condition (usually similar to conditions of an Intervention Order). If an Undertaking is made, the Intervention Order Application is withdrawn, usually with a right of reinstatement. If the Respondent were to breach the Undertaking, the Protected Person can ask the Court to reinstate the Intervention Order application they have withdrawn. Breaching an Undertaking is not a criminal offence.
In many instances that Police are involved with an Intervention Order case as the Applicant, they are normally reluctant to agree to an Undertaking as they are unable to assist the Affected Family Member if the Respondent were to breach the Undertaking as it is not a Court Order.
Agree to a Full Intervention Order
You are able to go to Court and agree to an Intervention Order being made against you by Consent. The specific conditions regarding the Full Order will generally be contained within the application however, this is often a part of the Order that can negotiated. You can also choose to consent the Order without admissions which means that you do not admit any allegations of family violence against in accepting the Intervention Order.
In consenting to a Full Intervention Order, you are not going to receive a criminal record, however if you were to breach any of the conditions of an Intervention Order, you may be charged with a criminal offence. If you are considering agreeing to a Full Intervention Order, you should seek legal advice before doing so to ensure there are no implications that could arise as a result of same.
Contest the Intervention Order
If a Respondent does not agree the an Intervention Order being made, and the parties do not agree to an Undertaking, then the Respondent can choose to content the Application for an Intervention Order. If the Respondent contests the Intervention Order, then the matter will proceed to a Directions Hearing. Contesting a case means that eventually, the Applicant, Affected Family Member, or another one relevant to the matter, will need to give evidence in support at a Contested Hearing. This is the last stage of of an Intervention Order Application and often the first time that the Respondent is able to produce their own evidence.
If you do wish to contest an Intervention Order Application, you should seek legal advice before doing so to ensure you are not contesting a matter that you are likely to be unsuccessful in contesting, and to arrange representation on the date of the Contested Hearing.
Ignore the Intervention Order
This option is not recommended. If you were to ignore an Application for an Intervention Order made against, it is likely that on the next Court date that the matter is heard, the Magistrate will make a Full Intervention Order against you. As a result, you will not have any input as to what conditions are placed on the Intervention Order or the period of time that the Order were to remain in place.
If an Intervention Order was made in your absence, the Full Order would then be served on you and take effect from that time. If an Interim Intervention Order was previously in place, this would remain in force, until the Full Intervention Order were to be served upon you.
Have you been served with an intervention order?
What to do:
Check the details of the court hearing including the date, time and location. Ensure that you do not miss this court date otherwise the court may determine the case in your absence, adjourn the case and issue a warrant or make an intervention order with respect to a child.
Understand who the intervention order is protecting. There may be a number of people listed including children (checked both Affected Family Members and Protected Persons).
The application will explain why the applicant is seeking an order against you. Start to think about whether you agree or disagree with the application.
If you have been served an interim intervention order, review the conditions of the order and ensure that you do not breach any of the conditions even if you disagree with them. You will have an opportunity at court to contest the order against you.
You should then contact our office for advice. We recommend that this occur prior to the first court hearing to ensure that you receive advice on the best course of action moving forward.