Intervention Orders - Shield or Sword?

Intervention orders tend to feature in the vast majority of high conflict family law cases.

You have a right to obtain a family violence intervention order to protect not only yourself but your child/ren when you have suffered family violence, at the hands of the respondent, usually the other parent.

Unfortunately, time and time again we find that applications are being made in an opportunistic and calculated fashion, usually to gain control and dominance over the respondent, as opposed to offering the applicant a “shield” from the respondent’s inappropriate behaviour.

When an intervention order is used as a “sword”, to gain an unfair advantage over the other parent and an edge in family law proceedings, it could be construed as an abuse of process.

An intervention order has the ability to cause significant discord between parents when communicating about children’s day to day matters, which in turn may have a detrimental impact on children.

For this reason, here at Family Law Life, we encourage our clients to obtain intervention orders only when there is clear family violence occurring and protection is required, rather than using this process as a strategic move against the other party which can be conceived as an “act of war”, damaging family relationships forever.

Whether you are the person considering making an application for an intervention order or the person responding to one, or when you’ve been charged with breaching an intervention order by the Police, we can provide specialist legal advice to assist you navigate this complicated process.

February 21, 2019
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