An intervention order (known as an intervention order respondent ) may be charged with criminal offences if any of its conditions are breached, which can have serious repercussions for future employment opportunities, licenses and travel plans. Breaching an intervention order should be treated seriously since any violations could lead to criminal sanctions being issued against its respondent.
If you suspect family violence, it is crucial that you seek advice from an attorney immediately.
Interim orders are temporary decrees issued by judges in situations when protecting certain parties from harm is of critical importance, often concerning child abuse and serious crimes. Such interim orders provide protection from harm while larger issues are decided in a final judgement. Such cases tend to involve child neglect and violent criminal activities.
Decision makers must carefully consider governing legislation, case law and their experience when imposing an interim order on a physician. Furthermore, they must consider how any disruption of clinical practice would likely impact negatively upon public safety.
If a registrant feels an intervention order lawyer has been unfairly issued, they have the opportunity to challenge it in court. A hearing will take place and an invitation letter (known as a Notice to be Heard on an Interim Harmful Digital Communications Order) will be sent their way with information about when and where it takes place; at which time they can explain why the Interim Order should not become final.
Under certain limited circumstances, it may be possible for the Court to reopen property or parenting proceedings after Final Orders have been made. For instance, if new evidence surfaces that reveals that one party did not disclose pertinent information (e.g. details about bank accounts) that could have altered the outcome, such as failing to disclose something like bank account information during property proceedings that would have changed it, setting aside or amending Final Orders could be an option.
Appeal of almost any non-final order issued by a judge can be filed to the Appellate Division as of right, provided it “involves some part of the merits or affects a substantial right.” It is vitally important that parties follow proper procedure when appealing an order; adverse parties must receive copies of their notice of appeal, application for leave to appeal and the order that they are appealing from as quickly as possible after it was issued by their Judge.
Defending an Interim Order
Police officers can seek an intervention order on your behalf if they believe that domestic violence may be imminent, while courts can issue immediate orders as necessary until final judgement can be rendered in this matter by the court.
Interim orders provide guidelines regarding how a respondent (the respondent) must behave toward another. Any violation of these rules constitutes criminal misconduct and you could be charged with contempt of court.
If you believe an interim order was unfairly or unnecessary imposed upon you, you can challenge it. It is important to remember that an Interim Order panel/Tribunal won’t judge on credibility or merits of allegations at this stage; thus it is critical to have strong evidence proving any claims false or exaggerated; failing this could compromise any future criminal investigations.
Defending a Final Order
If a final order application is successful, its effect could last for up to one year before it may be changed or annulled by the court. The person making the application may apply to vary or cancel it as their circumstances change, providing they make such application within 12 months from when their order was granted.
If you want to challenge a final order, the final stage of intervention order proceedings is called a “contested hearing”, wherein a Magistrate hears evidence from both parties and witnesses before reaching a decision based on “balance of probabilities”, rather than beyond reasonable doubt as would be required in criminal matters.
If you are fighting back against a final order, having the support and guidance of an experienced lawyer is often key to securing a positive result. They will help gather evidence, present it before the Court with credibility, and present any arguments effectively for successful outcomes.