Domestic Violence occurs in many relationships across diverse backgrounds and may involve long term abuse or an isolated event.
In cases where there has been threats, abuse or physical violence a party can apply for an intervention order or may have been served with an intervention order.
An intervention order in family or domestic situation are called family violence intervention orders and this can be for adults and children.
If you are considering an intervention order or received a summons a family lawyer can assist you in advising you. It is recommended to get help from your family lawyer as this is often a part of other family law disputes involving divorce, separation or children custody matters.
If you have received a summons it is most important to obtain legal advice as you have a right to respond and the effect of the order can be for a long period of time and prevent you from seeing your children or moving around freely.
To apply for a family violence intervention order you will need to apply to the court. The application form you are required to complete is detailed. In some circumstances it may be that the police make the application if they are called to a home where someone has been abused.
The application will detail who is going to be protected by the order (this often includes children) and details of why you need the order. You will need to cover if the respondent has a firearm or others that may pose a threat that are associated with the respondent.
You may also seek an interim intervention order if you are in immediate danger.
Once the order has been filed you will have an interview with a court registrar. They are not a judge but, will help with the application process through the court.
Once a court date is set the otherside will need to be served with a summons to attend court. If you have received a summons you should seek advice from a lawyer quickly about responding to the application for an intervention order.
If the court grants an intervention order it will prevent you from having contact with those in the order. This may include your children. The order is usually for a specified period of time and it will be specific about what the respondent can and cannot do.
An order from a court is serious and if you breach any court order including an intervention order it is punishable as it is a criminal offence. Some have ended up in jail for breaching an intervention order.
To defend an intervention order you must attend court to dispute the allegations. An applicant must prove that the violence has taken place and there is a continuing risk.
It is important to seek advice from a lawyer promptly as this will give you more time you have to prepare your response.
It is important not to underestimate the consequences of having an intervention order placed against you and how this will impact you.
It will also potentially have an effect on your children.
If you need to apply for an intervention order or have received a summons our lawyers are fully experienced in helping our clients.
We provide concise legal advice and work hard to obtain the best outcomes for our clients.
Contact a family lawyer on 1300 907 335 or complete an enquiry form on our website and we will contact you shortly. Your enquiry and information will be private and confidential.
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If I had of gone to another law firm that was cheaper I may have saved many thousands of dollars but as it turns out I may have lost a lot more than that upon settlement. Using a firm such as PCL lawyers I had the peace of mind that each issue as it arose was dealt with in a very matter of fact way and to the letter of the law.Brett Wilson / Glen Waverley