Fighting an Intervention Order – Struck Out

GavelThis is a case study on fighting an intervention order resulting in the order being struck out.

Our client was served with an application by the police for an intervention order on behalf of a family member. The parties worked together in separate parts of the same factory and necessarily came into contact with one another. The family member alleged that the client had assaulted her on site, even though no charges had ever been filed by the police. It was further alleged that if an intervention order was not granted, that there was a risk that our client would further assault the family member.

We denied the allegations but offered to settle the matter by giving an undertaking to the court. However this was rejected by the police and the other party.

We represented the client at the Broadmeadows Magistrates’ Court.

An intervention order, if granted with full conditions, could have prevented our client from accessing his place of employment or at least make it so very difficult in the circumstances. Fighting the intervention order was crucial and with good reasons. Our client disputed the allegations and denied that he was guilty of any wrongdoing. He asserted that the false allegations were prompted by a broader dispute within the family.

The matter was listed for directions hearing. Through negotiation with the police and by providing them with information and documents to demonstrate that there was no basis for the intervention order, the police ultimately withdrew their support for the application. The protected person gave instructions to the police that she intended to pursue the application despite the police withdrawing their support. Criminal charges were never laid.

It then became a matter of making oral submissions before the presiding magistrate. Submissions were made on the client’s behalf as part of continuously fighting the intervention order. We reiterated our offer of an undertaking as a means to resolve the case, already having established that there was no longer any proper basis for the application to continue. His Honour strongly encouraged the other party to accept the undertaking that we had earlier offered.

Ultimately, the other party accepted our offer and the intervention order was struck out.
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