I have a full Intervention Order against my ex-partner due to family violence.
Question:
Both my kids and I are on the Intervention Order. I am allowing him to see the kids every month, supervised, but he is now wanting unsupervised visits. There is no way I could allow that due to his threats, his aggression and drinking. I am confused about the fact he can even try for this, as what’s the point of an Intervention Order if he can change things? My main priority is the safety of the kids.
Answer:
These Orders operate to protect you and your children from harm. If you have any concerns you should contact the police station that issued the Intervention Order for you.
Once an Intervention Order has been confirmed it will operate indefinitely. It can be revoked by a further Court Order. While an Intervention Order applies to a person, that person is not permitted to have firearms and their firearms licence is suspended. Firearms have to be surrendered.
The Intervention Order does not decide what is to happen to your children. That is determined by the parties themselves (if they are communicating) or by the Federal Circuit Court under the Family Law Act.
The Intervention Order does not require you to give contact, supervised or otherwise, to your ex-partner. It may be worded so as to permit or enable contact to occur, but that is only if you agree or a Federal Circuit Court Order has been made. The Federal Circuit Court will always have regard to what is in the Intervention Order if one applies. This Court will also decide if contact is to occur and whether or not it is to be supervised.
It will be a matter for your ex-partner to take proceedings in the Federal Circuit Court. If that occurs, you have the opportunity to tell the Court your side of the story.
Where domestic violence is an issue the Court will assist you to feel safe by not requiring you to see or meet with your ex-partner face to face. The Court has secure waiting rooms.
You should obtain some legal advice in order to further clarify your position.
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.
