Consenting to an Intervention Order and what you risk facing

Consenting to an Intervention Order and what you risk facing

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Consenting to an Intervention Order and what you risk facing

Respondents to an intervention order may, at their respective Magistrates Court, obtain advice or direction from a community lawyer, legal aid or even the family violence representative.

That advice will usually include that agreeing to an Intervention Order against you will have no (or a limited) impact. The usual information that is received will be that an Intervention Order is civil in nature, does not create a criminal record and you can agree to it without admitting to what is being alleged against you.

While all the above is true to an extent, there are issues that do not usually get mentioned when agreeing to an order that you should consider.

Employment Complications

While an Intervention Order against you is a Civil Order, not a Criminal matter, it can impact your employment and in the experience of Olympus Lawyers, sometimes the police prosecutors are not even aware of the challenges that may arise should you agree to an Order without admitting the allegations raised against you.

For example, an Intervention Order against you, even without admitting to the facts can complicate any application to join the police force for a period of 5 years following the expiration of the Intervention Order.

Further, some states in Australia will take issue with the granting of a Working with Children Clearance if you have had an Intervention Order granted against you in the past.

Mandatory Counselling

In some circumstances, the Court can order a Respondent in which a Family Violence Intervention Order is made against to undertake counselling. This can include family counselling or the Men’s Behavioural Change Program.

The reason this should be seriously considered is because the Men’s Behavioural Change Program runs for approximately 26 weeks with individual sessions in the beginning and then you will proceed to attend group sessions. This is a big obligation that may be imposed upon a Respondent should they agree to an Intervention Order or should one be imposed.

Even if you deny the allegations made against you, you may still be deemed eligible to undertake a counselling program. This will depend on a number of factors assessed by the Court and the relevant staff.

If you do not actively participate in the counselling or the staff conducting the counselling do not believe you to be participating, you may be removed from the Program. If you fail to complete the court ordered program, you could be summonsed to Court and face a fine and even a criminal conviction. This could then certainly impact a range of other employment opportunities.

It is imperative that should an Intervention Order be applied for against you, that you urgently seek legal advice on your options with respect to the implications of the Application and what could occur if an Order is granted against you by consent or a finding of the Court.

If you have any questions about the above information or you would like assistance, please contact us on 0401 049 809 or at

The information on this website is of a general nature only. It is not, nor is it intended to be legal advice. You should consult a lawyer for individual advice about your particular circumstances.

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