Intervention Orders

Intervention Order Lawyers

As specialist criminal lawyers who routinely deal with cases of domestic violence and assault, Stary Norton Halphen has, over the years, built up a significant amount of experience in defending and applying for intervention orders on behalf of our clients.

Our knowledgeable staff of legal professionals will provide you with guidance and advice when dealing with intervention orders, whether they arise out of family violence or in the context of personal safety, ensuring you are kept informed and receive the fairest possible outcome.

If you are struggling with a legal issue involving an intervention order or you have been charged with breaching an intervention order, call Stary Norton Halphen at any of our six offices, including our City Office on (03) 8622 8200 or you can also reach us through our online enquiry form. For all After Hours enquiries, call 0407 410 821.

What is an Intervention Order?

 

Intervention Orders, also known as Personal Safety Orders, Restraining Orders, Apprehended Violence Orders, Family Violence Orders and Domestic Violence Orders are court orders which prohibit a person’s access to and interaction with another person or group of people.

When you are accused of an assault or threatening violence, particularly in a domestic or neighbourhood setting, the police investigating the matter will almost always apply for an intervention order on behalf of the person you are accused of assaulting or threatening.

Intervention orders can also be applied for by the person you are accused of assaulting and can be put in place against you where a Court finds, on the balance of probabilities, that you have assaulted or threatened someone and there is an ongoing threat to the safety of that person.

What Does an Intervention Order Do?

 

An intervention order will prohibit you from engaging in a number of activities and behaviours. While an intervention order itself is only a civil order, the consequences of breaching an intervention order can result in you being charged with a criminal offence, the penalties for which include immediate imprisonment. It is therefore important that you are aware of your rights and how to defend yourself when an order is applied for against you.

How Do I defend myself against an Intervention Order Application?

 

When you are the subject of an intervention order application, it is important to be aware of and carefully consider what options are available to you, particularly if there is a chance you will be charged with an offence of violence as a result of the allegation which has led to the application for an Intervention Order.

The potential impact of an intervention order court hearing on a criminal investigation and/or a criminal prosecution against you is something you must consider in order to protect and defend yourself strategically.

At Stary Norton Halphen, we are experienced at dealing with these issues and will assist you in defending yourself in a way that gives you the best opportunity to achieve the best possible outcome, whether you are facing an application for an intervention order, criminal charges, or both.

Should I Apply For An Intervention Order?

 

As stated above, intervention orders are often sought by the police on behalf of a person who is the alleged victim of a criminal offence such as an assault. However, a person can apply for an intervention order on their own behalf when they are the victim of an offence, multiple offences or ongoing problematic behaviours that are prohibited under the Family Violence Protection Act (2008) or the Personal Safety Intervention Order Act (2010).

There are a number of factors to weigh up before seeking an intervention order against someone, including:

  • Is this a matter which I should report to the police who may then make an application on my behalf?
  • Is this a matter the police have not taken seriously when I have tried to report the matter to them but which I remain concerned about because I fear for my safety?
  • Do I have a lawful basis to get an intervention order against the person who I am thinking of applying for one against?
  • Will an intervention order help me solve my problem or am I better off pursuing different avenues?

Having an experienced lawyer to answer these questions and any others you may have is very important in order to ensure that if you are to make an application for an intervention order, that you are doing so in circumstances where you have an understanding of what your prospects of success are and further, whether an intervention order will help you in achieving your objectives.

Should you decide that applying for an intervention order is the appropriate thing to do having regard to issues you are facing, then call Stary Norton Halphen at any of our six offices, including our City Office on (03) 8622 8200 or you can also reach us through our online enquiry form. For all After Hours enquiries, call 0407 410 821.

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