A family violence intervention order is a common way to protect yourself. You could face serious consequences if you break it. We’ll be looking at the defenses that you can use in order to prevent you breaching an intervention or.
A Family Violence Intervention Order will prevent a family member or friend from committing any further acts family violence. These orders are often issued to stop physical or emotional abuse. It is important to know that if you break an Intervention Order, you may be arrested and subject to severe penalties. For example, a breach can result in a fine of up to 240 penalty units or imprisonment for up to two years.
An Intervention Order application will require that you provide police with information about you and the person you wish to apply. If you are a parent, information about your children may be helpful. You may also want to include information about other family members, including siblings, romantic partners, and extended family members. You can contact a Family Court attorney or a Women’s Refuge attorney if you have any questions regarding your application.
If you or your partner feel threatened by violence, it’s important to contact a Women’s Refuge lawyer or a Family Court attorney as soon as possible. These organizations provide 24/7 advocacy and crisis support for women. They can also provide information about Family Violence Intervention Orders.
At your local Magistrates’ Court, you can apply for a Family Violence Intervention Order
An Intervention Order will be made according to your specific situation by the court. If you or a partner have a record of violating an Intervention Order before, you can be arrested and charged for a criminal offense. You should consult a lawyer before taking any action, regardless of whether you have a criminal conviction. You may also want to apply for an Interim Intervention Order for immediate protection. You will need to schedule an appointment with a Clinical Assessment Worker and Liaison Officer.
Family Violence Intervention Orders are also used to prevent financial abuse or coercive control. The order may forbid the respondent from seeing or talking to the children. The order could also prohibit the respondent entering or leaving the house. The order may require the respondent to remain outside the home and not to enter the premises until a judge has made a decision.
An Intervention Order could be an option for you if your partner threatens you with physical and emotional violence, or if a criminal offence related domestic violence has been committed. A Family Court lawyer can help you decide if you need an Intervention Order, and can provide you with legal advice. You can also visit Court Dispute Referral Centre to get assistance. The New Zealand Law Society can also provide free information.
You may apply for a Personal Safety Intervention Order, whether you are a police officer or an individual looking for protection. A PSIO is an order made by a magistrate that prevents you from approaching or contacting a protected person without the presence of a specified person. This order is used for the protection of families from dangerous or uninsured persons. It is also used to protect property.
If you believe your safety is at stake, contact your nearest police station and ask for a Personal Safety Intervention Order. They will usually offer you an interim protection order that will protect you until a final order is issued. It is usually a twelve-month order. However, it can be extended if required.
You may be required to appear in court if you are charged with violating an intervention order. To help you navigate the process, it is a good idea to consult a criminal lawyer. If you feel that you are being wronged or not receiving enough support, you should seek legal advice. You can also find self help guides to assist you.
Even if you are not charged with violating an intervention order you can still go to the court
You might be issued a summons to appear or notice of appearance. A magistrate will then decide whether you need to appear in court. The magistrate will also consider your safety and the likelihood that you’ll commit the behaviour again. The magistrate will also decide if an Interim Order is needed. If the magistrate decides that an Interim Order should be issued, it will be in effect until the court date.
If you’re charged with breaching an intervention order, you could be facing serious penalties. A breach of an intervention order can include committing violence, or wilfully breaking a condition. An accidental breach can also be considered a breach. This is unlikely, however, to lead to imprisonment for the whole of your sentence. The magistrate might instead order you to attend a therapeutic program, or another alternative route.
You can appeal to the Magistrates Court of Victoria if you are charged with breaching an intervenor. The appeals process is different from the criminal appeals process. An appeal to the court can only be heard by a lawyer who is not a duty attorney. This means that you will have to hire a lawyer if you want to appeal.
An intervention order can be applied for to protect your family and family members if they are victims of family violence or other serious threats. An intervention order can be filed against a family or non-family member. If you are being stalked or threatened by someone outside your intimate relationship, you may apply to the courts for an order. This can include a parent, spouse, partner, child, sibling or father of the child.
Defences against breaches of an intervention order
It can be difficult to defend an Intervention Order breach. The purpose of an Intervention Order is to protect the victims of domestic or non-domestic abuse and the defendants involved. In most cases the prosecution will charge that the defendant broke the Intervention Order. While the prosecution’s case might be strong, there are defenses.
A common defense against an Intervention Order is to challenge any evidence of the breach. If the police don’t have enough evidence to prove that the crime was committed, they may not be able to produce an antecedent report. If this is the situation, it is a good idea to seek legal advice. This will give the defense the best chance to prove its case.
The other defence is to show that the breach does not meet the conditions of the Intervention Order
For example, the order may state that the defendant can no longer have contact with the protected person. The defendant cannot revoke permission given by the protected person for contact to take places. An Intervention Order breach may be more of a defense of a promise than a breach.
The most important part of defending a breach of an Intervention Order is to know what you are doing. You can be arrested if you are accused of violating an Intervention Order. This is a serious matter with severe penalties. A breach of an Intervention Order could result in a two-year sentence in jail and fines up to 240 penalty units. In addition, the defendant is prohibited from possessing and owning firearms. This can prevent the possibility of life-threatening or fatal violence.
Additionally, the court could decide that the firearm terms may not be appropriate for the circumstances if a defendant is employed
It is important to know that the court will consider any relevant evidence when deciding whether to uphold the Intervention Order. The circumstances of the breach may also be considered by the Court. For example, if the defendant has a history of breaching Intervention Orders, then the penalty may be more severe. However, the penalty could be milder if the defendant was charged with the lesser offense of breaching Intervention Orders.
It is important that you understand that the defenses against a breaching Intervention Order can be varied. For example, a defendant may be able to re-enact an earlier order of protection, or claim that a more restrictive order was required to protect the protected person. If you have any questions about how to defend an Intervention Order then consult a lawyer immediately.
The defenses against violating an Intervention Order are generally fairly simple to understand. However, there are more complicated defences that are less well understood. The law is complex and penalties can vary depending upon the circumstances. A lawyer who specializes in defending Intervention Order allegations has the knowledge and experience to handle these cases.