If you are a victim of family violence, DBH Family Lawyers can help protect you and your children through a Family Violence Intervention Order.
This action can take many forms. Typically, it restrains a person from being anywhere near you or your children at your home, work or school. It may also determine who may live in the matrimonial home in the interim.
DBH can arrange police action and/or court protection services on your behalf. Special arrangements can also be made to ensure you are safe during any court attendances.
Intervention Order and Family Law Orders
Where there is an intervention order in place, or one is needed, difficulties can arise if there are also orders through the Family Law system. If a court makes an order which conflicts with a restraining order, the Family Law order takes priority. The intervention order will still stand but any part that is inconsistent will be over-ruled by the Family Law order. For example, if you have a contact order that gives the father contact on weekends but the restraining order only allows contact between the father and child on a Saturday, you have a conflict about contact on Sunday. The contact order will overrule the restraining order and happen for the entire weekend.
This type of situation can weaken the intervention order and also make it more difficult for the police to enforce. Intervention orders can be modified by the court to take into account the practical arrangements for the children.
Family Law orders can also take into account existing intervention orders. If you have contact orders in place before you have an intervention order, you should seek the advice of a DBH Family Lawyer to see if this applies to you before you seek an intervention order.