Dealing with Intervention Orders and Restraining Orders necessitates a high degree of expertise, comprehension and appreciation for their wider impact in Family Law matters, particularly parenting matters.
These matters can become complex and protracted, necessitating the services of a family violence attorney. Our knowledgeable team has years of experience advising and representing clients on all aspects of intervention orders, restraining orders and their possible implications for criminal cases.
Applying for an Intervention Order
An Intervention Order (also referred to as an IVO) is a civil document issued by the court that can shield those who fear family violence - whether that means physical, emotional or financial abuse.
These orders restrict the'respondent' (person accused of family violence) from visiting or being at certain places such as the protected family member's home, workplace or school. Furthermore, they can prevent them from obtaining a firearms licence or possessing weapons even if they have an exemption for weapons.
If you have been served with an intervention order application, reach out to our team to learn how to safeguard yourself against potential breaches of the order. Our lawyers possess extensive experience defending these orders and can assist in determining the most suitable course of action for your specific circumstance.
We can assist you in negotiating a resolution to the matter through an 'undertaking'. An undertaking is an agreement between two parties that stipulates specific conditions, often including no contact between them.
Interim Intervention Orders
Interim Intervention Orders are court orders issued against those responsible for family violence against a protected individual, such as children who have witnessed such acts of maltreatment. They provide temporary protection and legal redress in cases of further violations.
An interim intervention order lawyer is in effect until a final order is issued by the Magistrates' Court. It can be issued for an agreed-upon period or indefinitely, and fixed terms can also be included in the agreement.
If you are not content with the conditions of an interim intervention order, you may have grounds for appeal. This option, known as consenting without admissions, should be carefully considered before being removed from consideration.
It is essential to be aware that violating an interim order can carry serious criminal repercussions, including being arrested and charged with a serious offence. This could have an adverse effect on any family law negotiations or proceedings you are involved in.
Final Intervention Orders
Intervention orders are legal documents that grant legal authority for another individual to make decisions on their behalf, such as signing legal documents or selling their house. These powers are typically granted when someone finds themselves temporarily unable to manage their own affairs and requires someone else to handle it for them.
If you have been accused of breaching an Interim or Final Intervention Order, it is critical to seek legal counsel immediately. Breaching an order is a serious criminal offence that could lead to fines or imprisonment.
At the Defended Hearing stage of an application for an Intervention Order, both parties have the opportunity to present their case. Often, this can be a successful resolution when strong evidence is presented.
Contested Hearings
At a contest hearing, having legal representation can significantly improve your chances of the case going to trial. They will gather evidence, contact witnesses and prepare an extensive brief in advance of the hearing.
Contested cases range from highly formal proceedings involving utilities commissions to less complex matters, like license revocation and citation appeals. Typically, these trials involve multiple parties, dozens of witnesses and hundreds of exhibits.
These procedures are set out in agency rules and federal or state statutes that apply to specific types of contested cases. Under Minnesota APA requirements, hearings in these matters must be open to the public unless specifically permitted otherwise or the agency head decides otherwise.
Family violence cases typically require a contest hearing to last anywhere from three to twelve months, depending on the potential risk of further violence. It may also be extended through adjournments and extensions.