There are some things you should know about how you can defend yourself against an intervention order. One of those things is to get some legal advice if you don’t agree with an intervention order.
If you disagree with an intervenor’s decision, get legal advice
It is not easy getting legal advice if an intervention order is not in your favor. A qualified lawyer will be of great help to you. You can consult a family violence support worker at the local courthouse if you don’t know where to start. They can be a valuable resource when you are trying to navigate the often complicated family violence system.
You will need to be vigilant for unscrupulous people, in addition to a good legal consultation. This is especially true if your child is in need of protection. Avoidance of the family violence scene is the best way not to get caught. If you do find your self in a stressful situation, call the cops and ask them for help. They will be more then happy to help. They can also provide tips on how to navigate through the often complex family violence system.
While you are at work, make sure that you are familiar with the laws of your land and when it is time for you to call it an evening. The early part of the night is when you might be more inclined to behave unruly. The good thing is that the police are able to quickly assist you. You may also be eligible for an intervention order, if you can prove you are the aggressor.
You may be able take your case to trial if you have a competent lawyer by your side. This type of trial is not for everyone but can be a lifesaver. The court might decide to close the matter without your presence. If the court does opt to close the matter, make sure you have all the necessary documentation on hand to avert the inevitable.
Penalties for breaching an intervention order
You should not take any notice from the police or be accused of violating an Intervention Order. Breaching an Intervention Order is a crime that can lead to imprisonment. For more information about your rights if you are charged for breaching an Intervention Order you can contact a criminal lawyer.
Intervention orders are issued in order to protect against domestic violence. They can be issued for verbal abuse, physical violence, or financial abuse. In all Australian states, Intervention Orders can be enforced. Intervention Orders can only be issued and enforced by police officers. You must immediately report any notices you receive to the police
Breaching an Intervention order is a criminal offense and can lead to up to two years imprisonment. The case is usually heard at a Magistrates Court. Before you appear in court, you should seek legal advice if your case involves breaching an Intervention Order. You may also be able to seek advice or counselling from organizations that provide support for people accused of breaking Intervention Orders.
If you are facing a charge of breaching an Intervention Order then you must decide whether to plead guilty or not guilty
You will also need a decision about whether you will be allowed to represent yourself in court. A criminal lawyer can help you prepare for your court hearing and provide legal advice.
You will usually be issued a notice by the police in the form of a court summons, or an application to an Intervention Order. The police may then interview you to determine if you have broken the Intervention Order’s conditions. It may be difficult for you to comply with the Intervention Order’s conditions. You may also be allowed to argue that the conditions were unreasonable. You can request a no-contest interview if you don’t wish to defend yourself.
If you are convicted for breaching an Intervention Order you can be fined up to 244 penalty units. That is equivalent to $37.310. The maximum penalty for violating a Family Violence Intervention Order is 2 years imprisonment. However it is possible to get a higher penalty if you are convicted of persistent breaches. If you break an Intervention Order more often than once during a five-year period of time, the maximum penalty can be 10 years imprisonment. A conviction for aggravated attack could result in a four-year sentence.
If you are charged with breaching an Interim Intervention Order you must appear at Court. This is often issued in an emergency situation. You must appear in court within 24 hours after receiving the notice. You may also have to surrender any firearms that you own. This can help to prevent the use of deadly force or other serious violence. The Police will take your case seriously and will likely to arrest.
