When an allegation of abuse occurs, the Police, based upon reasonable suspicion, will serve the accused with an intervention order. These orders can vary, but usually prevent the accused having contact with, or coming within a certain proximity of the victim, their workplace or residence. This can be problematic when people are living together.
The Police, relying on a sworn affidavit of the victim, have the power to place an intervention order on the accused. This order will have to come before the court as soon as practicable to continue in its interim form. It is at this court hearing when the accused can request, with Police presence, to collect personal belongings from the shared property.
Once the court has ratified the interim order, it is placed into the court system, where the accused can either confirm or contest it. If the order is confirmed it is then in place until further notice and an application by the accused to revoke it cannot be made until a year to the date it was confirmed. If the interim order is contested it goes through the court process where it is either withdrawn by Police or proceeds to trial on the balance of probabilities.
If you have been issued with an interim intervention order you should seek legal advice as soon as possible.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
