How a Violence Intervention Orders can affect you--Part 1

Q: What can an Intervention Order stop me from doing?

A: An applicant who makes an Intervention Order against a respondent, can seek from the magistrate a variety of different Orders to ensure their safety. The Intervention Orders are ultimately determined by the presiding magistrate. Notably, an Interim Order can differ from any Final Orders.

In short, a magistrate may include any condition in an Intervention Order they feel is necessary to protect someone’s safety. These conditions may include, but are not limited to preventing you from:

·       Stalking, assaulting, harassing and threatening the protected person;

·       Damaging or threatening to damage the protected person’s property;

·       Following the protected person;

·       Contacting the protected person;

·       Behaving in an offensive manner towards the protected person;

·       Having a gun or other weapon;

·       Contacting or coming within proximity of the protected person, their school, their home and/or workplace; or

·       From getting someone else to threaten, hurt or engage in any of the behaviour which you have been prohibited from doing.

You should note that the above conditions can be challenged if the respondent elects to contest the Application made against them. The respondent’s option to challenge the intervention order application made against them is time sensitive and is typically exercised at the first Court appearance.

Q: Will an Intervention Order result in me getting a Criminal Record?

A: If an Intervention Order is made against a person, it is not the same as being charged with a crime. An Intervention Order is part of the Civil process. An Intervention Order is not viewable by the public, but it will appear on Police and Court records.

An Intervention Order can become a Criminal matter depending on the circumstances. For example, if a respondent is found to be in breach of the conditions of the Intervention Orders or to have acted violently towards the protected person, these factors can result in criminal charges. If a respondent finds themselves in breach of an Intervention Order, we strongly advise that they speak with one of our lawyers to get timely legal advice.

Q: Will an Intervention Order affect my Job?

A: An Intervention Order may affect a respondent’s job depending on the Intervention Orders made against them and their current job. If you have questions, please call us, and one of our lawyers can provide you with timely legal advice on your matter.

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.  

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