Being served with an Intervention Order can be an incredibly stressful and overwhelming experience.

Many people have never seen an Intervention Order before. They may be served by police without warning, be asked to leave their home, be prevented from contacting their partner, or suddenly find themselves unable to see their children.

What Do I Do If I’ve Just Been Served With An Intervention Order?

The first thing to know is this:

1. Don’t panic.
2. Get legal advice as quickly as possible before you do anything else.
3. Read the Order Carefully

An Intervention Order is a civil order.

However, breaching an Intervention Order is a criminal offence.  That distinction is extremely important.  Many people mistakenly assume that because the order itself is made in a civil jurisdiction, the consequences of breaching it are relatively minor. They are not.

A breach of an Intervention order can result in criminal charges, fines and, in some circumstances, imprisonment.

Before doing anything else, read the order carefully.

Then seek legal advice from a lawyer who regularly deals with Intervention Orders and family law matters.

Don’t Assume You Understand the Conditions

When police serve an Intervention Order, they will often explain the conditions. However, many people are understandably distressed and overwhelmed at the time.

It is very common for people to misunderstand what the order actually allows and prohibits.

“I once acted for a client who had an Intervention Order in place for approximately two years. The order specifically allowed him to spend time with his children pursuant to any Family Law Act orders or by written agreement with the affected family member. Unfortunately, he misunderstood the order and believed that it completely prevented him from seeing his children.  As a result, he had very limited involvement with them for a significant period. When he eventually sought legal advice, we were able to assist him in obtaining parenting orders within a matter of months.  Unfortunetly, he had already lost valuable time with his children because he had misunderstood the order.”

Be Extremely Careful About Communication

One of the most common mistakes people make is assuming that because the affected family member contacts them, they are allowed to respond.

That is not necessarily the case.

The affected family member is generally not bound by the Intervention Order.

• They may call you.
• They may text you.
• They may email you.
• They may attempt to initiate contact.

However, if the order prevents you from contacting them, the fact that they have contacted you does not necessarily give you permission to respond.

The affected family member cannot waive or override a court order. Only the court can do that. This catches many people by surprise.

A person may genuinely believe they are acting reasonably by replying to a message, only to discover they have committed a breach.

Understand How Parenting Arrangements Work

Many people are understandably concerned about their children. Some Intervention Orders contain exceptions that allow communication through lawyers, permit communication about children, or allow time with children pursuant to Family Law Act orders or written agreements.

Others do not.

Every order is different.

This is another reason why obtaining advice early is so important.

A lawyer can explain whether the order currently permits time with the children, whether a variation should be sought, and what options are available to establish parenting arrangements moving forward.

Should You Consent Without Admissions or Contest the Order?

This is one of the most important decisions you will make. There is no one-size-fits-all answer.

In some circumstances, consenting to an Intervention Order without admissions may be the most practical and cost-effective option.

Consenting without admissions does not mean you are admitting the allegations. It means you are agreeing to the order being made without the Court making findings about whether the allegations are true.

For some people, particularly where family law proceedings are on foot, it may be preferable to focus resources on resolving parenting and property issues rather than on running lengthy contested Intervention Order proceedings.

For others, contesting the order may be appropriate.  This can be particularly important where there are professional, employment, licensing, immigration or visa consequences associated with the order.

The right approach depends entirely on your individual circumstances. This is a decision that should be made after obtaining legal advice.

Take Practical Steps to Avoid Accidental Breaches

Breaches are not always deliberate.

Sometimes they happen because people are careless or do not fully understand the restrictions.

Some practical steps to avoid accidental breaches of an intervention order may include:

• Removing the affected family member from speed dial or favourites;
• Deleting shortcuts that could result in accidental contact;
• Saving any permitted communication channels separately;
• Carefully reviewing any communication exceptions contained in the order, and
• Seek advice before sending any message if you are unsure whether it is permitted.

People are often surprised by how strictly Intervention Orders can operate.

For example, a person may think they are doing the right thing by sending an electricity bill, a school notice, or another important document.

However, if the order prohibits communication, the Court generally focuses on whether the communication occurred, not whether it was well-intentioned.

Remember: An Interim Order Is Not a Finding of Guilt

One of the most important things for people to understand is that being served with an Intervention Order does not mean a Court has accepted the allegations being made against you.

In many cases, the order will initially be made on an interim basis.  The purpose of an interim order is to provide protection while the matter progresses through the Court system.

Given the volume of Intervention Order matters before the Courts, a final hearing may not occur for many months. The Court has not necessarily determined whether the allegations are proven. The Court has determined that an interim protective framework should be in place pending further consideration of the matter. That distinction is important.

Avoid “Tit-for-Tat” Applications

It is important not to respond emotionally. Sometimes people are tempted to immediately apply for an Intervention Order against the other person simply because one has been made against them. Intervention Orders should be sought where protection is genuinely required. They should not be used as a tactical response or as retaliation.

Obtaining proper legal advice can help you understand whether an application is appropriate in your circumstances.

The Most Important Thing: Get Advice Early

Intervention Orders are serious.

Family violence is taken seriously.

Breaches are taken seriously.

The consequences of getting it wrong can be significant.

The good news is that family lawyers deal with Intervention Orders every day.

If you’ve been served with an Intervention Order, you are not the first person this has happened to, and you won’t be the last.

A good lawyer can explain the conditions, help you avoid breaches, advise you about whether to contest or consent to the order, and assist with any related family law issues involving children or property.

Most importantly, they can help you understand your options and make informed decisions at what is often a very stressful and confusing time.

If you have been served with an Intervention Order, seek legal advice as soon as possible. It may be one of the most important decisions you make.  Contact Resolve Conflict to get the right advice quickly.  We’ll look at your situation and go from there.

 

Author: Alyson Gale, Partner, Resolve Conflict Family Lawyers and Mediators