Help! My former partner applied for an Intervention Order against me and I have a Court Hearing.

Intervention Order Hearings are sometimes unexpected and can be very confronting for both Applicants and Respondents to manage. If you have been served with an Intervention Order and have an upcoming Hearing, we recommend that you make an appointment to speak with one of our lawyers regarding your options. Caroline Counsel Family Lawyers can provide you with tailored advice about what to expect and how you should approach the Hearing, based on the evidence which will be made available to the Court.

Caroline Counsel Family Lawyers can appear on your behalf at Directions Hearings, Mention Hearings and Contested Hearings to obtain the best possible outcome available to you. We understand that the Intervention Order process can sometimes be emotionally draining and will often try to resolve your matter by reaching an agreement with your former partner and the Police, if applicable.

Some options for resolving Intervention Order matters which can be explored with you include:

  • Negotiating with your former partner’s lawyers and the Police Lawyer in an attempt to have the Application withdrawn.

This would usually be on the basis that you sign an Undertaking which states that you will not commit family violence against your former partner. While an Undertaking is not binding like a Court Order, it is a serious promise to the Court.

Undertakings in Intervention Order proceedings can be drafted in a way which allows the Applicant to reinstate their Application for an Intervention Order at a later date if the Respondent breaches the terms of the Undertaking.

  • Consenting to an Intervention Order being made against you without admitting that any of the allegations made by your former partner are true.

If you consent to an Intervention Order being made, the Court will usually grant an Intervention Order for a period of 12 months. Intervention Orders can have various conditions depending on the circumstances. We can negotiate the conditions of your Intervention Order, especially regarding matters like communicating with your former partner or your children, if applicable.

If an Intervention Order is made against you, this does not represent the Court’s finding of any criminal or other wrongdoing by you.  However, it is a criminal offence to do anything forbidden by the Intervention Order.  We can provide you with specific advice regarding your obligations pursuant to an Intervention Order to ensure that you are in a position to adhere to the conditions.

  • Contesting the Application and seek that no Intervention Order be made against you on the basis that there is no merit in the allegations contained in the Application.

If you dispute the Application, your matter will proceed to a Contested Hearing. At the Contested Hearing, you will be able to call evidence and witnesses opposing the order sought by your former partner. Caroline Counsel Family Lawyers can provide you with advice regarding Contested Hearings and can arrange for you to be represented on the day of the Hearing.

The Intervention Order process can be complex and exhausting, which is why you should seek advice from our firm as soon as possible.  If you have an Intervention Order related issue, we recommend that you make an appointment to speak to one of the lawyers at Caroline Counsel Family Lawyers for tailored advice about your situation.

The information in this blog does not constitute legal advice and cannot be relied upon by you. If you require advice specific to your situation, you must contact Caroline Counsel Family Lawyers for legal advice. The contents of this blog are relevant as at 11 October 2018.  We recommend you obtain specific advice relevant to you and your family’s situation.

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