Intervention Order Attendance
The client is inquiring whether they can attend a court session for a different matter, specifically their child's Intervention Order hearing. The client expresses concern because another person present in the court has an intervention order against them. The focus is on understanding if the intervention order affects the client's ability to be present at this hearing.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I attend a court for a different matter, even if another person in the court has an intervention order against me?
You can generally attend a court for a different matter even if another person there has an intervention order against you. The crucial element is whether the intervention order has specific conditions prohibiting you from being near the protected person or in certain locations. If the order doesn't explicitly restrict court premises or your presence during specific proceedings, you may attend. However, you must be cautious to avoid any direct or indirect contact with the protected person, as any breach could lead to legal consequences. It's vital to review the specific terms of the intervention order or consult with a legal professional to ensure compliance.
What are the potential consequences if I attend a hearing where someone has an intervention order against me?
Attending a hearing where an intervention order is in place against you could result in several consequences. If the order prohibits you from being in the same location as the protected person, attending the hearing could be considered a breach. This might lead to criminal charges, fines, or even arrest. The conditions of an intervention order can vary, so it is crucial to understand the specifics of your order. To avoid unintended breaches, you may need to apply for a variation or exemption allowing attendance at court.
Are there any legal steps I need to take before attending the court to ensure I am not in breach of the intervention order?
Before attending court, it is crucial to review the specific conditions of the intervention order to determine if it includes any restrictions on attending court where the protected person may be present. If the order is unclear or you are unsure, seek legal advice to clarify your obligations. Additionally, you may apply to the court for a variation of the order to permit your attendance, if necessary, especially if the matter involves your child's interests. This process typically involves filing an application with the court to amend the order.
How can I find out if the intervention order specifically restricts my attendance at court or certain proceedings?
To determine if the intervention order restricts your attendance at court, review the specific conditions outlined in the order. Intervention orders often include conditions about proximity and communication with the protected person, which may extend to certain locations, including courtrooms. If the order's language is unclear, consult your solicitor for clarification. You may also contact the relevant court to verify if there are any additional restrictions for your attendance.
What should I do if I encounter the person who has the intervention order against me at the court?
If you encounter the person who has an intervention order against you at court, ensure you maintain a safe distance and avoid any form of communication or interaction with them. It's crucial to adhere strictly to the conditions of the intervention order to avoid any allegations of breach. Courts usually have security personnel present; don't hesitate to inform them if you feel your presence might lead to a confrontation or if there are any concerns.
