FAQ on intervention orders
My partner has taken an intervention order against me. Is this a criminal charge?
Intervention Order by itself is not a criminal charge. If you have breached an intervention order then criminal charges may get triggered if the breach is reported.
Despite this, at times if your matter is being heard for Intervention order then there could be separate criminal investigation on foot and the criminal charges are yet to be laid.
2. If the police arrest me then do I need to answer their questions or I can be remain silent?
Generally if you are arrested then you will be given an opportunity to speak with your lawyer. If this has not been offered to you then you can ask that you wish to speak with your lawyer before conducting the interview.
In the interview there is right for every individual to protect themselves from self-incrimination. Anything you say during the interview will be used against you in court. If you are not sure then you can exercise your right to remain silent.
Although in sentencing if you cooperate with the police then there is a possibility that you will get leniency towards the sentence that is being imposed.
3. What are the conditions in the intervention Order?
You will be served with a document which will mention the conditions that you must comply with. If you have breached those conditions then you might face criminal charges.
4. Can I pick up my belongings from my house?
This would depend on the condition on the intervention order, if the condition prohibits you from entering the house, contacting or approaching the affected family member then you cannot enter the house.
5. What about parenting matter? Can I see my children?
This can be at times be difficult if the intervention order has a condition that stops you from approaching the residence in which the children live or to go anywhere near them. If you are facing this situation then you will need to speak with your family lawyer to get advice about your options.
6. What are my options for the intervention order?
This depends on case by case basis. There are generally 3 options - accept the intervention order without admitting the allegations, plead guilty or not guilty.
If you accept the intervention order then you will need to comply with the orders until the intervention order lapses. The affected family member can make another application for the intervention to roll-over once it lapses.
If you facing similar situation then you should consult a lawyer at earliest.
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