Intervention Orders play a crucial role in protecting individuals who fear for their safety because of family violence. These Orders are intended to provide a legal safeguard against potential harm. If you have had an Intervention Orders taken out against you, then you may choose to consent to it without admitting to family violence. Whilst this is a pragmatic approach, consenting to an Intervention Order without an admission of liability can have significant consequences.
Why Choose to Consent to an Intervention Order
People usually consent to an Intervention Order to avoid the expense and delay associated with contesting the Order at Court. If it appears that the person who applied for the Intervention Order is not willing to negotiate the matter and they are pushing for a final contested hearing, you as the respondent may incur several thousands of dollars in legal costs contesting the matter.
Before deciding on whether to consent to the Intervention Order, please consider the consequences below.
Consequences of Consenting to a Final Intervention Order
Consenting to a final Intervention Order without an admission to family violence has many unintended consequences including:
- Limited Legal Defence: By agreeing to the Order, you are essentially acknowledging its validity, making it difficult to contest any allegations against you in the future. For example, the Order may affect your ability to see your children or access your property;
- Damage to Reputation: Even if you agree to the Intervention Order without admitting to family violence, the mere presence of the Intervention Order can carry social stigma which can have long lasting effects on your personal and professional life;
- Risk of Criminal Charges: You must comply with the terms of the Intervention Order. Failure to do so may result in criminal charges, fines, or imprisonment;
- Impact on Family Law Matters: If you are amid family law proceedings, the presence of the Order may influence the Court’s decision regarding the welfare of the children;
- Cancellation of Firearms Licence: If you have a firearms licence which you require for work or recreation, you will be deemed a prohibited person under the Firearms Act 1996 (Vic) and your firearms licence may be cancelled up to 5 years from the date of the Order;
- Risk your Residency Status: If you intend to apply for permanent residency in Australia, you will need to declare whether you are subject to any Intervention Orders. The existence of an Intervention Order against a permanent residency application can be a strong factor suggesting that the applicant is not the requisite “good character” and your application for a permanent residency may be denied; and
- Difficulty to Revoke the Order: Proving that the Order is no longer required can be complex and expensive and it is likely that you will need legal assistance.
Consenting to an Intervention Order without an admission of liability may have many unintended consequences which affect your personal, professional, and legal life. If you are the respondent to an application for an Intervention Order, it is essential that you carefully consider your options and best practice to seek legal advice. Consideration needs to be given as to whether it is best to consent to an Intervention Order and deny the allegations or contest the Order and risk losing in which case there is no opportunity to deny the allegations.
To arrange your free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.