How a Violence
Intervention Orders can affect you--Part 3
Q:
If an Intervention Order is made against me will I still be able to see my
child?
A: An Intervention Order can
include children, if it is alleged that they have or are at risk of being
exposed to family violence. If a child has been exposed to or is likely to
be exposed to family violence, then the magistrate may decide to include them
on the Intervention Order.
If an Intervention Order
includes a child or children we strongly recommend that the respondent speak to
one of our lawyers today, to ensure the respondent and child’s best interests
are protected.
A magistrate’s primary focus will
be on the child’s safety and their Orders will reflect this objective. Notably,
children are never involved directly in the hearing process.
A magistrate has the power at
the State level, to override existing Family Law Court Orders in the interests
of the child’s safety. This means that in certain circumstances the magistrate may
impose an Intervention Order that prevents a respondent from seeing their child,
whilst the Intervention Order is in place.
Intervention Orders involving
a child or existing Parenting Orders can become complex and are often time
sensitive. Early legal advice can save time, frustration and money.
Q:
Can an Intervention Order be made against me if I am under 18?
A:
If
a respondent is under the age of 18, then the police or a family member can
make an application for an order against them through the Children’s Court. An
Order made in the Children’s Court against a minor is done with extra care.
For obvious reasons, an Exclusion
Order is not granted as easily for a minor as it may be for an adult.
To learn more about Exclusion Orders—Click here to see our previous article.
Before granting an Exclusion Order, a magistrate will consider how the Exclusion Order will affect the
minor’s education, ability to work and access to health services. The magistrate
will also consider the minor’s accommodation, care and supervision before
making an Exclusion Order.
Exclusion Orders present a range of legal challenges and
potentially negative implications. If you know a respondent facing a potential
Exclusion Order, speak to one of our Lawyers today without delay.
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