Family violence intervention orders are hard on everyone. If you have had an intervention order taken out against you, you are not being charged with a crime – this is a civil process only. It is not on public record, however the police do have a record, as do the courts. The police must investigate.
It’s important that you do not break the conditions of your order, or act violently towards the applicant, or damage their property. This applies if there is an order or not, because these are still crimes. If you have breached an intervention order, you may need legal backup, so contact Vanessa Ash for advice on your next step.
Information on warrants, summons and being served an intervention order
Leaving home after the serving of an intervention order (an exclusion order)
If the magistrate orders you to leave your home, you must. This is referred to as an exclusion order, and you can argue against this, but you will need legal advice. Vanessa Ash is an expert in intervention orders and family law.
If you are faced with an exclusion order, you must stay away or you will be arrested for breaking the order. You are not losing the rights to your home or your property, but simply access to the property and whatever area around it as specified by the order. You may be able to return later, possibly with the police, to collect your things.
Exclusion orders for minors (under 18)
The magistrate must look into housing, accommodation, and support services prior to making an exclusion order on a minor.
The no-contact clause
No contact means just that – no contact. No emails, texts, social media messages, phone calls, drive-bys, faxes, letters, morse code, sign language, or carrier pigeons. Watching people from a distance (like children, or an ex) is considered harassment or even stalking. Don’t do it, no matter how miserable you feel.
There are not many valid excuses for breaking an intervention order, so if you do, you need legal assistance immediately.
Information on breaching an intervention order
Visiting your children
If the order includes your children, you should get legal assistance before going to court. You do have options.
Your intervention order may include children who need protecting, with the magistrate wanting to know if your children have been exposed to – seeing or hearing – family violence. If they have been exposed to family violence, the magistrate may decide to include or exclude them from the order.
It’s important that children are safe, therefore children are not allowed to be at court hearings. That means their views are not heard.
If family law orders already exist regarding the children, an intervention order can be made that stops you seeing your children under that order, while the intervention order is carried out. Legal advice is really critical – it could make the difference between being able to see your kids or not.
Intervention orders and your job
If your work includes going to an area that the intervention order prohibits, or you work near the person who took out the order, you may need to get amendments made to the order.
This can be done via a lawyer, and must be seriously considered, because breaking an order is a serious offence that can get you into a lot of trouble, and end up with a criminal record. Be prepared.
Gun licences and intervention orders
An order may ban you from having a gun licence for five years, or even more, and cancel any permits that exist. Police may search for weapons and remove any they may stumble across. If you have a gun licence, be prepared to lose it, but if you require a gun for your job or another reason, you can contest an order banning you. Talk to Vanessa Ash.
Write your own story. Call Vanessa Ash and Associates today.