Intervention Order Dispute
The client is subject to an Interim Intervention Order issued under the Family Violence Protection Act 2008 by the Magistrates' Court of Victoria following a hearing in 2024. This order prevents contact with protected persons and restricts the client from approaching within a specified distance of their residence. The next hearing is scheduled for 2025. The client expressed concerns about not being able to see their children since the issuance of the order and seeks assistance regarding mortgage payments due to not residing in their house for a couple of months.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I challenge or modify the existing intervention order to have contact with my children?
To challenge or modify an existing intervention order to allow contact with your children, you can apply to the court to vary or revoke the order. You may need to demonstrate a change in circumstances or provide evidence that the order's conditions are no longer necessary or appropriate. Engaging a family lawyer can assist in presenting a compelling case. It's also crucial to ensure that any modifications align with the best interests of the children, a primary consideration for the court.
What are my options to negotiate or enforce my partner's contribution towards the mortgage payments while I'm not living in my house?
You can explore options for your partner to contribute towards mortgage payments through negotiation or legal action. Start by discussing the situation directly with your partner, possibly using mediation services. You may also seek financial support under family law, which can provide assistance if you're unable to meet living expenses due to your circumstances. If these methods don't resolve the issue, consider applying for a property settlement to formally address financial contributions.
What steps can I take to ensure my parental rights are protected during the intervention order proceedings?
To protect your parental rights during the intervention order proceedings, ensure you attend all court hearings, especially the upcoming mention. Engage a family lawyer to represent your interests and provide evidence supporting your role as a parent. You may consider negotiating child arrangements through appropriate services or communicating with the protected person via a lawyer or mediator to establish temporary parenting arrangements.
How may the intervention order impact my ability to access or communicate with my children in the future?
The interim intervention order restricts your ability to communicate or be in proximity to the protected persons, which can impact your ability to see your children until the order is varied or revoked. However, the order allows for communication under certain circumstances and may permit arrangements approved regarding child arrangements.
What legal strategies can be employed to address both the intervention order and the financial obligations related to the property simultaneously?
To address the intervention order and financial obligations simultaneously, consider applying for a variation of the intervention order to include provisions that allow for negotiations related to financial responsibilities. You may also seek a maintenance order to require your partner to contribute to the mortgage. Legal aid or community legal centres may provide assistance.
