Your Intervention Order Lawyer Can Help You Prepare an Undertaking

Posted by Garza Flora on January 30th, 2024

Intervention orders are legal tools designed to stop violence in both domestic and non-domestic settings, including abuse cases that involve domestic or non-domestic partners. Even though these orders are civil in nature, their enforcement can result in criminal sanctions; any attempt at breaking them would constitute a crime against society.

They can represent you in court

An intervention order is a legal document designed to protect someone from threats of physical violence or threats of harassment or abuse from others. It lists any prohibited activities, and those subjected to it (known as respondent) could face criminal prosecution if they break its conditions.

Balot Reilly Criminal Lawyers can assist in safeguarding you and your family by filing an Interim Intervention Order on your behalf. While this process can take time, penalties for breaching its provisions can be severe.

Defense of an intervention order involves attending court and contesting allegations made against you. It is an important matter, so legal advice should be sought as soon as possible. An experienced intervention order lawyer can assist in preparing for a contested hearing as well as creating an undertaking which formalizes your promise not to repeat such conduct in future - successful defendants typically do not incur legal costs related to their defense case.
They can help you enforce the order

An intervention order is a court-issued order which prevents someone from harassing or intimidating you, often sought by those experiencing family violence or personal safety incidents. An intervention order can serve to safeguard against domestic and family violence as well as stalking or intimidation incidents.

Breaching an intervention order can result in criminal prosecution and possible imprisonment. Breaches often occur as part of the breakdown of relationships and can be deeply distressful for all those involved.

An experienced intervention order lawyer can assist in the defense or response to allegations of breach and prepare you for a contested hearing. They may suggest entering into an undertaking agreement - an agreement between you and the applicant agreeing to follow certain conditions such as no contact. An undertaking won't appear on police checks but if broken could lead to additional criminal charges.
They can help you prepare for a contested hearing

People experiencing family violence can apply for an intervention order at magistrate courts; alternatively, police may file the application on your behalf if they believe you need protection.

At your hearing, you will meet privately with the registrar and answer his/her questions regarding why an intervention order is necessary and any support services that might be beneficial; additionally, bring along anyone to provide support - including family or a support person- - and advise him/her if an interpreter will be needed for the hearing.

They can help you prepare an undertaking

Those facing intervention orders can get help from their lawyers to draft an undertaking, which is a legal document filed with the court and requires you to abide by certain conditions, such as not contacting those who filed an application for intervention. It does not appear on your criminal record, however if any breach occurs it could result in criminal charges being laid against them.

An undertaking is a promise made to the Court that you will refrain from engaging in family violence, with similar conditions and exemptions to an Intervention Order. An undertaking does not give rise to criminal prosecution unless any violation occurs of its conditions; this process is known as consent without admissions. Likewise, agreeing to one does not result in admitting accusations made against you (this process being known as consent without admissions). An undertaking doesn't create criminal record entries either but any breach could become criminal charges in itself.

If you disagree with an order, your attorney can assist in preparing for a contested hearing wherein you can dispute that claims against you are false or that they pose no threat to those requiring protection.