S4 Episode 5: Intervention Orders - Foley's February 2022 Series Recap
Feb 2, 2023
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Experts Shivani Pillai and Amara Hughes discuss intervention orders, covering relevant acts, magistrate powers, and application procedures. They explore the complexities of family violence cases, resolution options, legal implications, and defense strategies. The podcast provides insights on ethics, sanctions, and challenges in navigating intervention order cases, emphasizing the importance of evidence and consent.
Magistrates have significant power in intervention orders, issuing interim orders despite party agreements.
Criminal matters should take precedence over intervention orders, with consent without admissions benefiting respondents.
Deep dives
Understanding Intervention Orders: Implications and Conditions
Intervention orders, influenced by family and criminal law, are discussed by Shivani Palay and Amara Hughes. Two crucial acts, the Family Violence Protection Act and the Personal Safety Intervention Order Act, are explored with detailed definitions of family and personal relationships. Terminologies like AFM and affected person are explained. Broad definitions of family violence and prohibited behavior are highlighted, emphasizing the importance of fitting allegations within these definitions.
Powers of Magistrates in Intervention Order Proceedings
Magistrates possess significant powers to issue interim orders and conditions in intervention orders, regardless of party agreements. Interim orders can swiftly remove a parent from a family home with children, alter conditions, and even suspend firearms authorizations. A flow chart is shared to illustrate the application process, emphasizing the magistrate's final authority despite negotiations between parties.
Considering Criminal Investigations in Intervention Order Matters
When correlating with criminal investigations or charges, criminal matters typically take precedence. The criminal investigation should first proceed before intervention order matters. Notably, consent without admissions can benefit a respondent by avoiding criminal charges implications, media scrutiny, and adverse court evidence use.
Practical Tips and Case Studies in Handling Intervention Orders
Practical tips emphasize early client prospect transparency, prioritizing criminal matters over intervention orders when applicable, and strategic negotiation for favorable outcomes. Case studies highlight crucial aspects like seeking evidence for defense, utilizing subpoenas for documents, and negotiating variations in intervention orders to suit client needs and legal requirements.
Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
Shivani Pillai and Amara Hughes speak about the implications and conditions of intervention orders. The relevant acts and the uniquely significant power of the magistrate in this jurisdiction are examined. The procedure of application for an IVO is gone through with commentary on each test and requirement available to get the best result for your client. Shivani practices predominantly in criminal law as both Defence and Prosecuting Counsel. Her criminal practice includes crimes family violence, occupational health and safety, mental impairment, supervision orders, Coroner's Court, Consumer Affairs, road safety offences and murder. Amara accepts briefs in all areas of criminal and quasi-criminal law, as well as administrative law. Amara appears in pleas, appeals, bail applications, committals and contested hearings in the Magistrates’, County and Supreme Courts of Victoria. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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