Understanding Intervention Orders
An Intervention Order (IO) is a legal order designed to protect individuals from abuse, harassment, or intimidation. However, in some cases, these orders may be unfairly issued or based on exaggerated claims. If you have been served with an IO in South Australia, it is crucial to understand your rights and legal options.
What Happens When You Are Served with an Intervention Order?
If you are served with an Intervention Order, you must comply with its conditions, even if you believe it is unjustified. The order can impose restrictions on where you can go, who you can contact, and what actions you can take. Breaching an IO is a criminal offence, so it is essential to act within the law while preparing your defence.
Can You Challenge an Intervention Order?
Yes, you have the right to contest an Intervention Order in court. This means you can present evidence, call witnesses, and argue why the order should not be confirmed. A contested hearing is held before a Magistrate who will assess whether the IO should remain in place or be dismissed.
Steps to Defend Against an Intervention Order
1. Seek Legal Advice Immediately
The first step is to consult an experienced criminal defence lawyer who specialises in Intervention Orders. A lawyer will help you understand the legal process, assess your case, and develop a strong defence strategy.
2. Understand the Allegations
Review the allegations against you and obtain copies of all documents related to the IO. Understanding the claims made by the applicant will help you and your lawyer prepare an appropriate response.
3. Gather Evidence
Collect any evidence that supports your case, such as:
- Text messages, emails, or call logs
- Witness statements
- CCTV footage or recordings
- Any evidence disproving the claims made against you
4. Attend Court Hearings
You will be required to attend several hearings where the court will determine how the case proceeds. If you choose to contest the IO, a full contested hearing will be scheduled.
5. Present Your Defence in Court
During the contested hearing, you or your lawyer will present your case. This may involve challenging the applicant’s claims, offering alternative explanations, and highlighting inconsistencies in the evidence against you.
6. Possible Outcomes
The Magistrate may:
- Dismiss the IO if there is insufficient evidence to support it.
- Modify the conditions to make them less restrictive.
- Confirm the IO, making it permanent if the court believes it is necessary for the applicant’s safety.
How a Lawyer Can Help
A lawyer will guide you through the legal process, ensuring you understand your rights and obligations. They will assess the evidence, identify weaknesses in the case against you, and challenge any inconsistencies. In court, they will advocate on your behalf, working to have the intervention order dismissed or its conditions varied in your favour.
Need Help Defending an Intervention Order in South Australia?
If you have been served with an Intervention Order in Adelaide or South Australia, our expert legal team at Shkambi & Associates Pty Ltd can help you build a strong defence and protect your rights.
Contact us today for a confidential consultation!