Going to Court for Intervention Order

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A domestic violence injunction is a court order that helps protect people from abuse or threats of abuse. Regardless of where you are in Australia, it is a criminal offence if you do not comply with the terms of a domestic violence intervention order. The video is for anyone who wants to know more about intervention orders. If the police believe an injunction is urgent, they can issue an interim intervention order and serve it on the other person (respondent). The order contains a subpoena from the defendant so that a judge can determine whether a permanent order is appropriate. 4. If you want to tell your side of the story, submit a response BEFORE your hearing date. In both cases, the police will submit the application to the court on your behalf, prepare all necessary documents, and participate in the hearings. What happens in the courtroom during a family intervention hearing depends on how the defendant responds to the intervention order. If you want to change the date of the hearing, notify the court as soon as possible.

You must contact the clerk of the court and explain why. To prepare for a family intervention hearing, you should: Changing the date of a hearing is possible, but it can be difficult. Once a hearing has been scheduled, the court may not be willing to change it unless the defendant agrees. In South Australia, DVOs are called response orders. In other states, they may be called differently, e.g. force orders (AVO), injunctions (RO), etc. If the judge issues an injunction against you or any other type of injunction at the hearing, you MUST comply with it. If you don`t, you could be arrested.

IMPORTANT! If you also have criminal proceedings related to abuse or violence in this case, it is very important that you speak to a lawyer. Anything you say or write in the domestic violence injunction can be used in your criminal case against you. It`s a good idea to take someone with you when you apply for an intervention order. They can help you tell your story clearly and remember what you are told. You do not have to call your witnesses before the court unless the respondent disagrees with your request and is on the list for a final hearing that is contested. Here, a judge will hear all the evidence and decide whether to make a domestic violence intervention order. There are two types of intervention orders that can be ordered by the Magistrates` Court. These are intervention orders for personal safety and domestic violence. An intervention order may include a number of conditions that limit a sponsor`s ability to approach, contact, intimidate or harass a protected person. The defendant must comply with all the conditions of the order.

Failure to do so may result in a prison sentence. You don`t need a lawyer to respond to an injunction. BUT it`s a good idea to have a lawyer, especially if you have kids. And an injunction against you can have very serious consequences, so with a lawyer, you can protect your rights as much as possible. Click here for help finding a lawyer. If you want to ask the other party to pay your legal fees, read the instructions for claiming legal fees in cases of domestic violence. Intervention orders have conditions (these are rules) about how the person (called the respondent) can behave towards you. The defendant must comply with the terms of the order.

If they don`t, the police can take action. An injunction that may be issued by the police or court against a person (defendant) that makes you fear for your safety to protect you from further abuse, including violence, until the court can hear evidence from all parties to determine whether a permanent intervention order should be issued. The order comes into force as soon as it has been received by the defendant. You can apply for an intervention order (external link) at any magistrates` court in Victoria (external link) – the police do not need to be involved. If the defendant appears and disagrees with the decision, the court may set a date for another hearing or refer the parties to mediation or schedule the case for a hearing. Information on court visits and intervention programmes is also available on the website of the court`s administrative authority. An intervention order may have conditions preventing the defendant from doing so: In the absence of an interim police intervention order, new applications for an intervention order will be listed for a preliminary hearing before a judge as soon as possible. The respondent will not be informed of this hearing and will not be present. The magistrate considers the application and may issue an interim intervention order if appropriate after hearing the first evidence from the police or the applicant.

Free or low-cost legal aid can be difficult to find when responding to an application for a domestic violence injunction. But you should try anyway, as legal aid agencies have different policies and your local bar association may have a volunteer lawyer program that can help. Click here for help finding a lawyer. The judge wants you to receive legal advice if the defendant disagrees with the intervention order issued. You can ask to speak to duty counsel if you can`t get legal advice before going to court. An intervention order is a civil order – that is, an intervention order is not a criminal charge, although criminal penalties may be imposed for violations of the order. Once you have completed all your forms, you must submit them to the court and «serve» them (give a copy) to the protected person who made the application. Do it immediately.

Do this at least 2 days before your hearing to make sure you give the court and the protected person enough time to consider your response. If you can`t do this at least 2 days before the hearing date, do so as soon as possible. You can receive an intervention order even if there has been no physical abuse. At the preliminary hearing, the court decides whether to issue an interim intervention order. If an injunction is issued: A current DVO issued before 25 November 2017 can be recognised nationally by applying to a local judge or court in Australia at any time to have your DVO «declared». This ensures that you are protected nationally. It does not have to be located in the state or territory where your order was issued. And remember, once the injunction is issued, you can NOT possess, possess or possess a firearm or firearm while the order is in effect. If you have a gun now, you have to hand it over to the police or sell it to a gun dealer.

Read How do I return, sell or store my firearms? (Form DV-800-INFO). In most cases, a policy application can be supported by affidavits without you having to appear. The police will tell you and all witnesses if you have to appear in court to testify. For an intervention order to be included in the National Domestic Violence Ordinance Program, it must be issued to prohibit abuse between people in a relationship. If you change your mind about the order, you must complete a written declaration of withdrawal. Contact the court to find out how to proceed. 1. Read the order carefully. If you disobey the order, you can go to jail or be fined.

If you do not intend to travel or live in any other state or territory, you will not be able to declare your order. They remain protected in the state or territory where the domestic violence order was issued. After 12 months from the date of the final intervention decision, you can ask the court to change the terms of the decision or revoke the decision in its entirety. Going to court is a legal process, so it`s a good idea to seek legal advice before you leave.