If you have been served with an intervention order application or family violence safety notice, it is important that you seek legal advice before appearing in Court. Being proactive at the beginning of these proceedings can provide you with an opportunity to negotiate before it goes any further.
An Intervention Order is a protective order that can help protect someone from abuse by the alleged perpetrator. These orders can cover a wide range of circumstances.
Interim Orders
Many people who file a family law case want to get some short-term orders about important issues like where the kids will live, how much support will be paid and what rules will govern their relationship.
The Court will make these temporary orders to give both parties a chance to settle and move the matter forward. These orders can include things like custody and access, visitation, child support, alimony or possession of the home.
If you need an interim order, an intervention order lawyer can help you prepare your application and prepare to appear in court.
A Judge or Magistrate will hear your evidence and make a decision on your application. You can then file a written response to the application in Form 19.
Final Orders
If a court decides that a person or persons are at risk of being harmed, they can make an intervention order. These can include things like a restraining order, restriction of communication with the person or persons, and a requirement to attend counselling sessions.
The court can also make an interim or short term intervention order to protect the person or people until a final order is made. This type of intervention order has the same legal effect as a final order but it can be put in place even if the respondent is not present in court.
The court will usually set a date when they will consider whether to make a full order. It is important to be aware of this date, so that you can arrange your own representation if necessary, otherwise you may not get a chance to defend yourself against an intervention order that was placed in place in your absence.
Undertakings
Whether you’re a victim of domestic violence or are a respondent in an intervention order matter, an undertaking can be an important part of the proceedings. An undertaking is a legally binding promise, and the consequences of breaking it can be severe, such as a criminal conviction.
However, it is very important that a client understands that an undertaking should be given only if they are confident that they can follow the terms and conditions. If you do not believe that you can adhere to the conditions of an undertaking, it is best to seek legal advice before signing it.
Unless clearly qualified, a lawyer or paralegal’s undertaking is a personal promise and responsibility [rule 7.2-11 of the lawyers’ Rules; subrule 2.02(3) of the Paralegal Rules]. A lawyer or paralegal should fulfil every undertaking they give, and honour every trust condition once it is accepted.
Consent
When it comes to consent, everyone needs to be on the same page. That means talking about your boundaries, respecting your partner’s choices, and checking in if you’re confused.
A lack of consent is the cause of many sexual assaults and rapes. It occurs for different reasons – from drugs and alcohol to peer pressure, hegemonic scripts, or a sense of entitlement.
Regardless of the reason, it is important to remember that your body and your sexuality belong to you. Getting consent is essential to the sexual well-being of all people involved in a relationship.
Consent can be expressed or implied – it can come from an action, sign, or fact that indicates the person is willing to engage in sexual activity. It can also be inferred from the silence or inaction of the person involved.