An Intervention Order (IVO) is a protective order made by a Magistrate to prevent family violence or personal safety threats. Often these orders apply to family members, but they can also be applied to neighbours or work colleagues.
There are two main types of IVOs - Family Violence Intervention Orders and Personal Safety Intervention Orders. If you are being served with an FVIO or PSIO, it is important to seek legal advice from an experienced intervention order lawyer before responding to the application.
Obtaining an Interim Order
If you have an issue that is not yet resolved in a domestic relations, or family law, case, an intervention order lawyer can help you obtain an interim order. These are orders put into effect pending a hearing, trial, final judgement, or an act by one of the parties.
In the family law context, obtaining an interim order can be important to prevent disruption in child custody arrangements or other issues that are not yet fully resolved. This is especially true in cases where a parent is trying to relocate children before a divorce or settlement proceedings are complete.
An intervention order lawyer can assist you in gathering the evidence you need to support your application. This may include photos, phone records, email or witnesses who can testify about the allegations you have made.
Obtaining a Final Order
A final order is an order from a court that settles all of the issues in a case. It is usually entered at the end of a trial or hearing and retains the court’s jurisdiction for thirty days to consider any motions for reconsideration or retrial.
An intervention order, also referred to as a domestic violence restraining order (FRO), is a court order that stops someone from harassing or hurting you. If you breach the order, it may be considered a criminal matter and you could be charged with an offence.
In Florida, the legal standard for determining whether an order is appealable is fairly straightforward. Non-final orders generally cannot be appealed unless the court agrees that they are final and appealable, or you file a timely notice of appeal within 30 days of rendition.
Obtaining an Undertaking
During property settlement proceedings, parties are often asked to give undertakings as to how they will resolve the matter. These can be very useful for the receiving party as they allow flexibility and reassurance.
However, if the receiving party does not comply with these undertakings they can be brought to court and could face serious consequences including prison. This is why it is always a good idea to get legal advice before entering into an undertaking.
An intervention order lawyer can help to draft an undertaking that is appropriate for your situation. They will make sure the document includes everything you need to know and is in your best interest. They can also represent you in court if the matter is contested.
Obtaining Legal Advice
If you have received a court summons or are concerned about what an intervention order might mean for you, it is important to obtain urgent legal advice. Call Freemont Family Lawyers for a confidential phone consultation to discuss your legal rights and options.
An intervention order is a type of protective order issued by the Magistrates' Court to prevent or restrain certain behaviours that may put another person at risk. It can include a ban on contact with a particular person, restricting where a person is able to go and how they are able to interact.
It is a civil process, but it may also be charged as a criminal matter depending on the conduct of the person making the application for the order (the 'Applicant'). Breach of the conditions can result in serious penalties including up to 2 or 5 years imprisonment depending on the circumstances.