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Violence Intervention Orders in Victoria—How an Intervention Order can affect you--PART THREE

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Violence Intervention Orders in Victoria—How an Intervention Order can affect you--PART THREE

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

     
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