Understanding Intervention Order Melbourne: FAQs Answered
1. Can an Intervention Order Lead to a Criminal Record?
An Intervention Order by itself is not a criminal charge. However, if you breach the terms of the order (for example, by contacting the protected person when the order prohibits it), this could lead to criminal charges.
Example:If John has an Intervention Order against him that prevents him from contacting his ex-partner, Jane, and he sends her a text message, he could be charged with breaching the order. A report of this breach could trigger criminal charges and a court appearance.
In some cases, even if the matter is only about the Intervention Order, a separate criminal investigation could still be underway, and charges might be laid later.
2. What Should I Do If I’m Arrested? Can I Stay Silent?
If you are arrested, you have the right to speak with a lawyer. If you haven't been offered this right, you should ask to speak with a lawyer before answering any questions.
During the police interview, remember your right to remain silent to avoid self-incrimination. Anything you say can be used against you in court. If you are unsure, exercising your right to remain silent is usually the safest option.
Example:Sarah is arrested after a heated argument with her partner. The police want to question her about the incident. Sarah isn't sure what to say, so she asks to speak with her lawyer before answering any questions. This helps her avoid making any statements that could be used against her later.
Cooperating with the police may lead to some leniency if the matter proceeds to sentencing, but it's crucial to weigh this against the risk of self-incrimination.
3. What Conditions Might Be Included in an Intervention Order?
Intervention Orders come with specific conditions that must be followed. Common conditions include:
No contact with the protected person (this could be in person, by phone, or online).
Not entering certain premises, like the protected person's home or workplace.
Refraining from any behavior that could be seen as threatening or intimidating.
Example:Mark receives an Intervention Order that prevents him from entering his former family home. If Mark breaches this order by going to the home, he could face criminal charges.
4. Can I Go Back Home to Collect My Belongings?
This depends on the conditions of your Intervention Order. If you are prohibited from entering the house or contacting the protected person, you cannot enter the premises. However, you may be able to arrange a police escort to collect your belongings or have someone else do it for you.
5. Can I Still See My Children If There’s an Intervention Order Against Me?
Parenting matters can become complex if there is an Intervention Order that restricts contact. If the order includes a condition preventing you from approaching your children’s residence or going near them, this could limit your ability to see them.
What Can You Do?Consult a family lawyer to understand your options. In some cases, the family law court can make specific orders allowing you contact with your children, despite the Intervention Order.
6. What Are My Options If an Intervention Order is Placed Against Me?
Your options depend on your specific situation. Here are three common paths:
Accept the Intervention Order Without Admitting Allegations: You agree to the order's terms but do not admit any wrongdoing.
Contest the Intervention Order (Plead Not Guilty): If you believe the order is unjustified, you can contest it in court.
Negotiate or Mediate: Sometimes, an agreement can be reached outside of court, especially if there are overlapping issues such as property or parenting disputes.
Example:Tom decides to accept the Intervention Order without admitting to the allegations. This means he agrees to follow all conditions until the order expires, but he does not acknowledge any guilt. However, the protected person can apply to extend the order once it lapses.
Understanding Your Next Steps
Facing an Intervention Order can be stressful and confusing. If you find yourself in this situation, consult a lawyer as soon as possible to explore your options and receive proper legal advice.
ZMK Lawyers,
727 Collins St, Level 23, Tower Five, Collins St, Docklands VIC 3008, Australia
Phone: +61 3 7066 4630
Email: zubin.viclaw@gmail.com
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ZMK Lawyers legal blog, “tweets” and monthly legal articles is not legal advice. You should not act upon this information without seeking advice from a lawyer/solicitor.
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