As a result of a domestic dispute, oftentimes not that serious, a party to a relationship may call the police. If the police believe an intervention order is warranted they can apply to the Court for an intervention order even though neither of the parties to the relationship consent to this.
The police can make an interim application to the Magistrates’ Court in the absence of parties. Oftentimes an interim intervention order is made and a court date is then set down shortly into the future.
The police will serve a copy of the interim intervention order on the party who is the respondent, usually a man, letting him know he is to attend court on the date set down by the court.
An intervention order can have many and varied conditions, but one big problem is the condition which prohibits one of the parties from returning to the joint residence.
At this point the party who has been ordered from the house is given about five minutes to get out. He is left with no money, no food, nowhere to live and can wind up living in a cheap motel. If he contacts his partner the police can charge him with breaching the intervention order.
There is no counselling provided and the party who is the Respondent can find himself in a depressed and difficult situation. I understand these problems and take pride in the fact that I can help my clients deal with the biggest crisis in their life.
On the hearing date the police can be the applicant and the female affected family member is only a witness. The police do not have to agree to withdraw the application for an intervention order even though the female family member does not consent to it to going ahead.
Further, the female family member is often represented by a legal service free of charge whereas the affected male partner needs to make his own legal arrangements.
Applications to revoke an Intervention Order or vary the conditions of an Intervention Order
Oftentimes the wife wants the Intervention Order to be cancelled. This isn’t as easy as it sounds. If the original applicant was the police rather than the wife, the police may not agree.
I have found they can be very obstinate and continue with the view that the Intervention Order is necessary. Oftentimes I’ve been able to have some of the conditions removed so that the parties can get together, but not at the family home. This allows the parties to go out for dinner, movies, parks, and is a forerunner to having the Intervention Order removed entirely.
The trouble with agreeing to an intervention order can be the ramifications later on. Contacting the partner when the intervention order prohibits this can lead the police to press criminal charges which are now being viewed very seriously by the courts.
If you have problems relating to an intervention order, you should contact Brendan Wilkinson.
Level 4 116 Hardware St
Melbourne VIC 3000
9670 1987 0438 670 198