How a Violence
Intervention Orders can affect you--Part 2
Q:
If an Intervention Order is made against me will I have to leave my home?
A:
This
ultimately depends on the Orders the magistrate makes. If the magistrate makes
an Exclusion
Order then the following explanation below will generally apply to you.
An Exclusion Order means that a
respondent must leave the property specified in the Intervention Order, which can
be the family home. This Order does not mean a respondent loses their rights in
the home or to the property within the home, rather it means that for a period
of time the respondent is excluded from coming on to and within a certain
distance of the property.
A respondent may be permitted
to return to the home later with police assistance to collect their belongings.
Before taking any action that may contravene the Orders, we suggest that a
respondent speak with one of our lawyers to understand their rights. Remember,
a contravened Order can attract criminal charges, so it is always best
to have legal advice before acting.
An Exclusion Order can be
contested in the interim hearings before a Final Order is made. Often a magistrate
will balance competing interests of safety and security to the access of one’s
property. Generally, if a child is involved, the Court will give greater
latitude to the child’s needs when granting an appropriate Exclusion Order.
Q:
If an Intervention Order is made against me will I lose my Gun Licence?
A:
An
Intervention Order can prevent a respondent from having a gun for up to 5 years
or more, and it has the effect of cancelling any existing firearm permits a
respondent may have. If an Order is made against a respondent prohibiting them from
owning and operating a firearm, then the police may search for firearms or
other weapons and remove any they find in the respondent’s possession under the
Order.
We strongly recommend speaking
to our lawyers if a firearm is required for work as this may affect a persons’ livelihood.
To learn more see our other sections on Intervention Orders:
We can offer you a fixed fee affordable legal service when it comes to Intervention Orders. Speak with one of our lawyers today to learn more.
In a legal crunch?
Call our lawyers today on 1800 572 417