How should I respond to an intervention order? | MJLegal

How should I respond to an intervention order?

Amasha
April 17

You have 3 options in how you respond to an Intervention Order. You can consent to the order, agree to an undertaking or contest the order.

Option 1: Consent to the order

If you choose to consent to the order, there are several options in how you consent to the order:

  1. You can choose to consent to everything in the order

  2. You can consent without admissions, where you consent to the conditions in the IVO but not to allegations about your behaviour stated in the IVO

  3. You can consent to the duration of the order

  4. You can also consent to an order being granted, but for changes that limit the risk that you could breach it

Option 2: Agree to an undertaking

If you don’t want to consent to an order, you can choose to agree to an undertaking instead of an order. An undertaking is a declaration in writing that you will abide by certain terms of the agreement made to the court.

An undertaking can only be given if the applicant accepts it. It's not a crime to violate the terms of an undertaking. Therefore, if it is broken, the police might not be called. Nonetheless, the applicant may still proceed with their initial application if the respondent disregards the terms. This is known as a "right of reinstatement."

Option 3: Contest the order

If you, as a respondent, don’t want to go ahead with the above 2 options, you can contest the order. Contesting is when you disagree with the Intervention Order. You will have the chance to contest the IVO and argue against the order by presenting your justifications and supporting materials.

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