Domestic Violence and Intervention Orders

How we can help

We are experienced in dealing with all types of offences of domestic violence. If you are a suspect, charged with an offence of domestic violence or the subject of an Intervention Order, proper legal advice can determine how the matter proceeds. We have experienced trial counsel equipped to contest charges at trial or if you decide to plead guilty or not contest the Intervention Order, our experience will put you in the best position possible to receive a just outcome in the Courts.

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Definition

Offences committed against a current or former spouse or domestic partner or a child of the same are aggravated offences and attract a higher penalty by virtue of s5AA of the Criminal Law Consolidation Act 1935.

More specifically the Intervention Orders (Prevention of Abuse) Act 2009 was enacted 

“to assist in preventing domestic and non-domestic abuse, and the exposure of children to the effects of domestic and non-domestic abuse.” 

Where a Court considers that it is reasonable to suspect that the defendant will without Intervention, commit an act of abuse against a person it may make an Intervention Order restraining the offender.

An act is an act of abuse against a person if it results in or intends to result in physical injury; emotional or psychological harm; unreasonable and non-consensual denial of financial, social or personal autonomy or damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.

The terms of an intervention order are wide and powerful.  Some of the Courts powers include prohibiting contact with protected persons; prohibiting the defendant from being in specific locations and property; requiring return of specified property and imposing any other requirement on a defendant to take or refrain from taking specified action.

Interim Intervention Orders may be issued by Police and served “on the spot” or by the making of an application for an Order to the Magistrates Court by an applicant or more usually by a Police Prosecutor on the applicant’s behalf.  In the latter case defendants are not usually present and if satisfied of sufficient grounds, an Interim Intervention Order will be issued for service on the defendant.  Persons to whom Interim Intervention Orders are issued will be required to attend Court where the Interim Order may be contested or confirmed in the normal course.  If served with an Interim Intervention Order by the Police or a Court, you should seek our advice.

Penalties

Breaches of intervention orders (interim or confirmed) will result in arrest and defendants are not entitled to release on bail unless a Court is satisfied that special circumstances exist that would justify release on bail.  The maximum penalty for the breach for breaching an Intervention Orders is imprisonment for 2 years.