When you have been served with an application for an intervention order or a family violence safety notice, you need to take it seriously. You should seek legal advice from an intervention order lawyer immediately to ensure that you understand the implications of this matter.

An Intervention Order is a court order which prohibits a person from behaving in a particular way towards someone who has been abused or at risk of being abused. The order can include any measures that are deemed necessary to protect the protected person or persons.

What to do if you have been served with an intervention order application or a family violence safety notice

When you are served with an intervention order application or a family violence safety notice, it is important to get legal advice as soon as possible. This is to make sure you are protected from further abuse and to avoid a lengthy court process that can be very stressful.

An intervention order is a legally binding promise to the court that you will not commit any family violence against your partner. If you break an order, you could face criminal charges.

A person who has been affected by family violence and needs protection can apply for an intervention order, accompanied by other people who need protection (known as “affected family members”). They can also ask the police to represent them in this situation.

Interim orders

During your divorce, the court can make certain decisions on a temporary basis -- for example, deciding whether one spouse should have physical possession of the home or be granted access to the children.

Interim orders help you avoid a long court process and get things done quickly, while keeping your peace. The court can decide temporary issues like child support, maintenance and parenting time.

You can also get an interim order that prevents you or your ex-spouse from doing something that is against the law. For example, if you are involved in domestic violence and want to stop your partner from coming near your children, you can ask for an interim restraining order at the beginning of the case.

The new Interim Order respecting the importation, sale and advertising of drugs for use in relation to COVID-19 (the Interim Order) introduces expedited authorization pathways for drugs used in Canada that have a COVID-19 indication; as well as a mechanism to allow establishment licence applications to be submitted under the Interim Order for indications related to COVID-19 that are not included in a drug’s authorization in Canada or another jurisdiction. The Interim Order also allows the Minister to account for urgent public health needs relating to COVID-19 in deciding whether to authorize a drug under the Interim Order.

Final orders

If you have been served with an intervention order application or a family violence safety notice, your first step is to go to Court. You will see a magistrate who may make an interim intervention order (that does not specify what should happen) or a final intervention order that is a lot more specific and will detail how the police can enforce the order.

A final order will set out custody and visitation, and may mandate things like substance abuse treatment or parenting coordination. It will also often specify the amount of time your child is with each parent, depending on the circumstances.

As with temporary orders, a final order can be modified anytime before your child turns 18 or after it is issued. Parents can either develop a parenting plan together and submit it for approval, or they can petition for modification at a hearing. Regardless of the option, a judge will usually only modify a final order if there has been a significant change in circumstances.

Undertakings

Undertakings are a good way to resolve a situation. If you have been served with an intervention order application and you feel you cannot live with the conditions in the order without feeling threatened, or if you are fearful that your family member may break the order, you can ask for an undertaking instead of an intervention order.

An undertaking is a written promise to the court that you will not do certain things. It is a more advantageous option than an intervention order because breaking an undertaking will not lead to a criminal conviction, unless you commit an offence.

Undertakings can be given orally or in writing and signed by both parties. They can also include the same types of conditions and prohibitions as may be included in a protection order, such as limiting the time you spend with your family member or stopping them having a gun or other weapon.