When there is family violence or allegations of family violence, it is common for both family law orders and intervention orders to be in place at the same time. However, in the event of a conflict between the two, it’s crucial to understand which order takes precedence. Breaching an intervention order is considered a criminal offence and can result in serious consequences, including imprisonment, fines, a criminal record, or additional conditions imposed by the Court.
In South Australia, an intervention order can be made in either the Magistrates’ Court (a State court) or the Federal Circuit and Family Court of Australia. In some cases, an intervention order and a family law order may be made in the same court, making it easier for the court to resolve any conflicts. However, family law orders are usually made by the Federal Circuit and Family Court of Australia and deal with matters such as parenting arrangements and property division, while intervention orders are more commonly made by the Magistrates’ Court and deal with issues of personal safety and protection from domestic and family violence.
When there is a Magistrates’ Court intervention order and a family law order, the intervention order is rendered invalid to the extent of any inconsistency with the family law order. This means that if there is a conflict between the two orders, the family law order takes precedence and the intervention order will be invalid but only to the extent of the inconsistency. However, the Magistrates’ Court has the power to resolve the inconsistency by exercising its power to revive, vary, discharge or suspend the family law order.
It’s important to seek legal advice if you find yourself in a situation with both a family law order and an intervention order. An experienced lawyer can help you navigate the legal system and resolve any conflicts between the two orders. While both orders are legally binding, the interpretation and application of these provisions may vary in different jurisdictions and circumstances. Ensure your rights are protected by seeking legal advice.
How can Hume Taylor and Co help?
At Hume Taylor and Co, our Criminal lawyers can work closely with our Family lawyers to ensure the best outcome for your situation. Contact our Adelaide office on (08) 8223 3199, our Millicent office on (08) 8733 2500 or our Whyalla office on (08) 8645 7666 to book an appointment to see one of our firm’s family or criminal lawyers.
If you or someone you know is experiencing, or at risk of experiencing domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. 1800RESPECT is the national domestic, family and sexual violence counselling, information and support service.
This blog was written by Senior Associate Linna Tran with assistance from Law Clerk Ekaterini Kountourogiannis