Intervention order hearings are held in a courtroom. The outcomes depend on what the respondent chooses to act upon.
Respondent’s may:
- Agree to the intervention order
- Ask for an undertaking (a promise) instead of an order
- Argue against the order
- Ignore it and not show up in court
When the respondent agrees to the intervention order
The respondent can agree to everything on the application, agree with the conditions of the application, but contest the applicant’s description of what happened (‘consenting without admission’), or agree with an order being made, but ask the Magistrate to change some conditions so it is more workable.
The respondent will have a chance to tell the judge what they think of the order before a judge makes a decision. You may want legal backing here, so contact your lawyer or Vanessa Ash.
An agreement to an undertaking
An undertaking is a formal written promise to the person who needs to be protected and to the magistrate, with certain conditions to be followed. An applicant does not have to accept an undertaking.
If both sides agree to an undertaking, the intervention order application is withdrawn. If the promise (undertaking) is broken, the applicant may return to their application. Undertakings are not as serious as an intervention order, and the police may not be involved if the undertaking is broken. There may be no repercussions.
Arguing an order, rescheduling for a contested hearing
If a respondent wishes to argue the details of an order, the first hearing is not the place for it. This first hearing is called a first mention date, and a contested hearing is booked. Then, the Magistrate will hear all evidence from both parties, including any witnesses. This won’t be for at least 28 days since the first hearing.
A contested hearing will only occur if both parties have had a chance to get a lawyer, are ready for the contested hearing, and agree to the date of the contested hearing. At the contested hearing, the applicant gets heard first.
If the respondent does a no-show at court
The Magistrate, in the absence of the respondent, will ask the applicant about their reasons for the intervention order. If the applicant is not the person seeking protection, the Magistrate may wish to hear from the would-be protected person. This might include giving evidence as a witness and swearing an oath/making an affirmation regarding truth-telling.
The person seeking protection will need to tell the Magistrate (in their own words) why they don’t feel safe, and in what ways the respondent is a threat to them. In the case of an interim order, the Magistrate may ask if things have changed since the order was created.
If the respondent has not been served and did not know about the court date, a Magistrate may set another hearing date. The Magistrate at this time can make an interim order or extend an existing order.
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