Intervention Order Matter
The client has a final intervention order against a former partner, valid until 2026, issued by a local court. The client reports ongoing harassment from the former partner's adult child, who has made multiple visits to the client's residence to see her younger sibling. The adult child has now filed for an intervention order against the client, making unfounded allegations. The client has evidence such as text messages and witness statements to support their case, with witnesses available to confirm the circumstances surrounding the allegations. There is no custody agreement for the young child, and a court hearing is scheduled for early 2025.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat evidence should I gather to support my defence against the false statement in the application for the intervention order?
To support your defence, concentrate on collecting organized evidence, including:
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Documented Communications: Gather all relevant text messages and emails pertaining to interactions with the adult child.
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Witness Statements: Secure detailed statements from witnesses present during relevant events.
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Alibi Evidence: Provide proof verifying your attendance at court on the specified date to counter false claims.
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Police Reports: Obtain any available police reports that relate to your interactions with the adult child, which may exhibit a pattern of behavior.
This evidence will be vital in contesting the claims during the court hearing.
How can I ensure that my rights and those of my child are protected during this legal process?
To safeguard your rights and those of your child, seek legal counsel from a family law solicitor who can guide you through the procedures. Attend all court hearings and comply with interim orders. Document all communications and occurrences to maintain a clear record. Consider applying for a parenting order to delineate custody arrangements and prevent unwanted contacts. Legal representation can significantly enhance your defence and ensure your viewpoint is represented in the proceedings.
What are the potential consequences if the intervention order is granted and how long might it last?
If granted, the intervention order may limit your contact with the adult child, which could affect visitation arrangements with your own child. The order may impose conditions, such as barring the adult child from contacting you. A final intervention order usually lasts up to 12 months but could be extended or modified as deemed necessary by the court.
Can I request any specific conditions or modifications to the proposed intervention order to better reflect the reality of the situation?
You can request modifications by presenting your evidence and concerns during the court proceedings. For instance, you may suggest conditions that restrict the adult child's contact with you, particularly concerning visitation rights for her sibling. Clearly articulate how these modifications would ensure your safety and the well-being of your child.
What are the legal implications for the adult child if it is proven that her statement is false?
If proven that the adult child made a false statement, there could be legal repercussions, such as charges for making false reports. This could lead to penalties that may include fines or imprisonment. Additionally, a false statement can affect her credibility in future legal matters.
