An intervention order is a court order which prohibits a person from behaving in a certain way towards a protected person or persons. This could include preventing them from harassing, threatening or intimidating you or being near your home.
These orders are commonly known as Family Violence Intervention Orders (FVIOs), Domestic Violence Orders (DVOs), Apprehended Violence Orders (AVOs) and Personal Safety Intervention Orders (PSIOs). They protect people who say they have experienced some incident of family violence or personal safety incidents, and fear they may again.
Interim Orders
Interim orders are typically made without a lengthy court hearing and can be used to speed up certain aspects of your divorce. They can also be used to protect you from legal actions by your creditors or to give you the time you need to make decisions on your own.
For example, a court can issue an interim order for child custody to prevent one parent from moving a child out of the area before a final hearing is completed. This is important because a change in the care pattern of a child can be risky, particularly where the best interests of the child appear to be served by the current arrangement.
A court can also issue an interim harmful digital communications order to prevent a person from accessing the internet until a hearing has been held and the judge has decided if it should be made final. This is useful because it can stop a person from accessing information that they do not want to see.
Final Orders
Final orders are ordered by a court after a trial or judicial case conference. These are usually used in divorce proceedings and in cases where parties disagree on what they should say.
They are also commonly used as part of a criminal order in domestic violence situations. Despite this, they can be abused through false claims, false allegations and distortion of the facts.
The most common abuse occurs when a respondent makes an application for an intervention order without proving that they have committed the offending act, or if a person who is already on an intervention order breaches it. They can be a way for the perpetrator to keep their name out of the public domain, prevent them from returning home or contacting their family or friends and restricting their ability to earn an income.
It is important to understand that the effects of these orders are not permanent and they have significant legal consequences if breached. If you are concerned about your rights under an intervention order, it is recommended that you discuss this with a family lawyer to ensure your interests are protected.
Contested Hearings
A contest hearing is a legal proceeding in which an individual or business challenges a decision made by a government agency. Minnesota law often grants affected individuals and businesses the right to challenge an agency's action through a process called “contested case proceedings.”
A contested hearing is held in court. Depending on the court, the judge may hear your testimony through a sworn affidavit; your own evidence or witnesses; and physical evidence such as photos or receipts.
Once your lawyer has argued for a contested hearing, they will present their arguments to the judge. The Judge will listen to both sides and then make a final order.
Contested hearings are often the first step in a long road to trial. It is important to be prepared for the hearing, including having an attorney with you at all times, so that you can answer questions and provide information on your side of the story. Bringing an experienced intervention order lawyer with you will ensure your rights are protected and that you are treated fairly.
Undertakings
An undertaking is a legal promise that you are going to do something. It is usually used in financial settlement cases or children matters and can carry serious consequences if you breach it.
For example, if you are involved in a property matter and agree to keep the other party’s property in a certain condition, you may be ordered to sign an undertaking that states you will do so. If you break this, you could be fined or imprisoned and your assets may be seized.
In Commercial, Conveyancing and even Family Law matters, undertakings are often provided by attorneys on behalf of their clients or to third parties. These undertakings create a mutual trust between the attorney and the client or third party and are therefore personal promises that must be honoured.
