How to Report Breach of Intervention Order: An In-Depth Look
Reporting a breach of an intervention order is critical in ensuring your safety and upholding the law. Here’s a more detailed guide on how to report breach of intervention order:
Step 1: Assess the Situation
Before you even pick up the phone, assess your immediate danger. If it’s an emergency where your safety is at risk, call 000 immediately.
Step 2: Gather Evidence
Collect all possible evidence that can substantiate your claim. This could include:
- Text messages or emails that violate the order
- CCTV footage
- Photos
- Audio recordings
- Witness statements
Step 3: Contact the Police
You can either call the police or visit your local police station. If it’s an emergency, dial 000. For non-emergencies, you can call the police assistance line at 131 444.
Step 4: File a Formal Statement
You’ll be asked to provide a formal statement detailing the breach. Be as specific as possible, mentioning dates, times, and the nature of the breach. Your collected evidence will be crucial here.
Step 5: Police Investigation
Once the report is filed, the police will conduct an investigation. They may interview the respondent and any witnesses. The respondent may be charged and must appear in court if there’s sufficient evidence.
Step 6: Legal Proceedings
If charges are laid, the case will go to court. You may be required to testify. It’s advisable to consult a lawyer to guide you through the legal proceedings.
Step 7: Outcome
Depending on the evidence and the severity of the breach, the court may impose penalties on the respondent, which could range from fines to imprisonment.
🔑Key Takeaway: Reporting a breach of an intervention order is a multi-step process that involves gathering evidence, contacting the police, and potentially going through legal proceedings. Each step is crucial and should be carefully and carefully approached.
What to Do If You’re Charged with Breaching an Order?
If you’re charged with breaching an intervention order, seeking legal advice immediately is essential. Here are some steps to consider:
- Don’t Make a Statement: Until you consult a lawyer, refrain from making any statements to the police.
- Understand the Charges: Know the specifics of what you’re being charged with.
- Legal Representation: Hire a lawyer experienced in family law and intervention orders.
🔑Key Takeaway: Being charged with breaching an intervention order is serious. Consult a lawyer before taking any action.
What Happens If the Protected Person Moves Interstate?
If the protected person moves to another state, the intervention order may still apply. However, it’s crucial to:
- Check the Order: Some orders are automatically recognised nationwide, while others may require registration in the new state.
- Consult Legal Advice: To understand how the move affects the order.
🔑Key Takeaway: Moving interstate doesn’t necessarily void an intervention order. Always check the specifics and seek legal advice.
What If the Protected Person Contacts Me?
If the protected person initiates contact, it’s advisable to:
- Avoid Responding: Even if they contact you first, responding may breach the order.
- Document the Interaction: Keep records as evidence.
- Consult Your Lawyer: To understand how this affects your situation.
🔑Key Takeaway: Responding could put you at legal risk even if the protected person contacts you. Always consult your lawyer.
What Is a Breach in an Intervention Order?
A breach occurs when the respondent violates the conditions of the intervention order. This could include:
- Contacting the Protected Person: Either directly or indirectly.
- Coming Within a Certain Distance: As specified in the order.
- Other Specific Prohibitions: Such as posting about the person on social media.
Imagine two individuals were in a marital relationship that ultimately led to divorce.
After the separation, one party starts receiving threatening messages and unwanted visits from the other.
Feeling unsafe, the concerned individual decides to apply for a Personal Safety Intervention Order.
Once granted, this order prohibits the other party from contacting them, coming within 200 meters of their residence, or posting about them on social media.
If these conditions are violated, it would constitute a breach of the intervention order, and the concerned individual has the right to report this to the police.
🔑Key Takeaway: A breach can take many forms, not just physical contact. Always be aware of the specific terms of your order.
Always Seek Legal Advice: How to Report Breach of Intervention Order
Intervention orders are complex legal instruments that require careful navigation.
Whether you’re the protected person or the respondent, understanding the intricacies of these orders is crucial.
Most importantly, always seek legal advice to ensure you’re fully aware of your rights and responsibilities.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
