by An intervention order can protect a person or persons from violence, harassment or intimidation. It can also prevent the respondent from being near the person, contacting them or damaging their property.
It can be used to protect children or family members who have been victims of domestic violence. It can also be used to fast track a citizenship application or secure property rights.
What is an intervention order?
An intervention order is a court order which can protect you and your family from domestic violence and abuse. It can be applied for by the police on your behalf or you can make an application yourself (known as a non-police application).
An Intervention Order can help to prevent or reduce the risk of you being subjected to domestic violence or abuse, whether it is physical, sexual or emotional in nature. It can also restrict or prevent the alleged perpetrator from being near you, contacting you in any way, or damaging your property.
The process of applying for an intervention order can be complicated and time consuming. It is important to get advice from a lawyer who has experience in dealing with intervention orders, and the Family Law process.
Interim orders
If you are in the middle of a divorce and things start to get complicated, an intervention order lawyer may suggest that you file for an interim order. These orders are usually based on some type of fact or evidence and can be decided quickly in family court.
Child custody issues and spousal support are two common reasons for filing for interim orders. These temporary decisions can affect your children’s future, as well as your financial security.
In the case of spousal support, an interim order can be used to prevent one spouse from selling a valuable asset before your divorce is finalized. The judge can also set up a temporary custody and visitation schedule.
Final orders
Unlike temporary orders, final orders resolve the case and are generally not subject to appeal. They are either reached through a negotiated settlement between the parties, or as a result of a judge hearing evidence and making a decision on all issues in the case.
Some of the most common types of final orders include custody arrangements, visitation schedules, or parenting plans. These are generally based on the best interests of a child and allow parents to draw up a plan together, with a judge signing off on it.
In New York, almost every type of non-final order is separately appealable to the Appellate Division as of right, about the only qualifying factor being that it “involves some part of the merits” or “affects a substantial right.”
This means that if you are appealing a final order, you have to file the Notice of Entry of Order and serve the other party with a copy of it within thirty days from the date of entry or else the court will dismiss your appeal as premature.
Undertakings
Undertakings are a common part of Court proceedings and can carry severe consequences if breached. They can include fines or prison time.
Undertakings may be required in financial settlement matters or children proceedings where there is a dispute about money, property or care of children. They can also be used to ensure the respondent will appear in court and follow certain conditions.
If you are asked to provide an undertaking, get legal advice first. Undertakings can be made by a family member or a lawyer but unless clearly qualified, they are personal promises and responsibility.
If you are a victim of family violence, an undertaking is an option but does not offer as much protection as an intervention order can. You should get advice from a lawyer before you agree to an undertaking, as it may not be enough to protect you.
