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Family Forum – Don’t risk a domestic order breach

Looking for advice about what you can and can’t do on an interim intervention order, then read on…

Question:

My daughter and my partner are both listed as protected persons on an interim intervention order. I have recently been given access to speak with my daughter at 5 pm daily. I would like to also speak with my partner, as we own a business together and I’m finding it really had to get a definitive answer from my partner as to what her wishes are for the future. It states on the order that I can’t contact her or harass her but I think it is only fair that I know where I stand. I would also like to see my daughter ASAP but my lawyer says that there can’t be anything done until the criminal case is dealt with. Can you please help?

Answer:

The terms of an intervention order vary. You should seek advice as to the exact terms of your interim intervention order and the effect of those terms upon your interactions with your partner and your daughter.  As a precaution you should seek advice as to whether you should make an application to the Magistrates Court to vary the terms of the interim invention order to allow you to speak with her.

It is important that you do not breach the terms of your interim intervention order. If you do, you can be arrested and charged with a criminal offence which can carry serious penalties and also negatively impact upon any family law negotiations or family law proceedings.  You may also be held in custody whilst awaiting bail to be granted.  Depending upon the terms of your order, speaking to your partner on the phone may result in these consequences. Your criminal lawyer may also be able to negotiate the terms of the final intervention order permitting contact with your partner.

There is a risk that you may jeopardise the future conduct of your matter if you do not appear to be child focused. Use your telephone time with your daughter to develop your relationship with her. Depending on her age, you can discuss interests that you have together, her interests, how her school, friends and any extra curricular activities are going. You should avoid asking your daughter questions about your partner and any matters relating to your criminal or family law proceedings.

It is essential to take advice from your lawyer. If you are not confident in the advice of your lawyer, you can always seek a second opinion. If there are any pressing matters in relation to your business then those communications should be managed through your lawyer, or by an urgent application to the family courts, if necessary.

Submit Your Questions

Have you got a question you’d like us to tackle?

Fill out the form below or send questions to Family Forum, The Advertiser, 31 Waymouth St, Adelaide 5000.

We treat communications in strict confidence except when the law demands otherwise, as in child abuse.

Relationships Australia SA appoints panels of general practitioners, medical specialists, lawyers, therapeutic and financial counsellors to discuss each letter before the appropriate professional answers it.

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