Being the respondent in an intervention order means you are to comply with any orders the court has made against you. Whether it be an interim intervention order or a final intervention order, the court has made orders against you to protect the other person. Not understanding this order properly or not obeying these orders can lead to criminal charges and possible imprisonment.
So how do you make sure you don’t breach the intervention orders ?
1. First up it is critical that you understand the orders. There can be any number of conditions ranging from complete no contact with the other party to some contact or full contact as long as family violence / prohibited behaviour does not occur. Your lawyer and the court should have read these orders out to you and explained them. You must completely understand these orders and what you are allowed or not allowed to do. If you are still unsure please feel free to contact me.
2. Secondly you need to understand that these orders are an intervention. It is a way for the court to give the parties time out and let the dust settle on what is often a very emotional time. Unless you breach they are usually 1-2 years in length. So it’s important to not get despondent or too angry as the orders will not continue forever.
3. In the case of family violence intervention orders – the orders often allow the respondent to text or email the other party about child arrangements. This clause can lead to misunderstanding and lots of people breaching the orders. It is very important to understand that texting about child arrangements means exactly that. Not venting your frustration or even sending kind messages to the other party. In fact you are NOT TO COMMENT ABOUT ANYTHING TO THEM. Stick strictly to child arrangements – example “ Please pack Johnny’s jumper for today “ “ I will pick Amy up at 12 pm and drop her home by 4pm.” Again if you are in doubt you are welcome to contact me.
4. DO NOT REACT TO ANY PROVOCATION BY THE OTHER PARTY. If the other party provokes you, challenges you or even abuses you DO NOT EVER RESPOND. Instead keep a copy of this message. Or if the other party invites you to ignore the order and come over or invites you to catch up – also IGNORE this. Remember the order is on you NOT THEM.
5. Use this time to care for yourself. The intervention order process is often alongside family court proceedings. These can be stressful, exhausting and lengthy. Understanding that this process is a marathon and not a sprint will help you prepare and respond to the challenges you face. Understand that the intervention order process TAKES TIME and is rarely sorted out on the first court date. It is critical to have emotional / family/ friend support around you. If not there are services that can provide assistance. You cannot do this alone – you will need support. Self care is critical. At every court is a respondent worker who can assist you and refer you to the appropriate support services such as counselling, mental health support and various programs including Men’s Behaviour Change Programs.
6. Get the right advice legal advice – the sooner you know your legal options the better. Please feel free to call me anytime on 0435 716 688 for advice