Where there is a intervention order in place, or one is needed, difficulties can arise for people who also have orders through the family law system. If a court makes an order that conflicts with a restraining order, the family law order takes priority. The intervention order will still stand, but any part that is inconsistent will be over-ruled by the family law order.
For example, if you have a contact order that gives the father contact on weekends but the restraining order only allows contact between the father and child on Saturday, you have a conflict about contact on Sunday. The contact order will over-rule the restraining order and contact will happen for the entire weekend.
This situation can weaken the intervention order and also make it more difficult for the Police to enforce.
Intervention orders can be modified by the court to take into account the practical arrangements for the children. Alternatively, family law orders can be made to take into account intervention orders, for example, by arranging for an independent person to be present during contact hand-over times.
A magistrate cannot usually make orders about children in relation to residence, contact and specific issues if there is any dispute between the parents. However, if a woman applies for an intervention order or a variation of her intervention order, then the magistrate may at the same time make or vary the terms of her existing Family Court order to make it safer for her and the children when contact takes place.
The magistrate can also discharge or suspend an existing Family Court order, if among other things, the magistrate is satisfied it would be too unsafe for the woman or her children if contact continued.
If you have Family Court contact orders in place before you have an intervention order, try to seek legal advice about whether these laws apply to you before you apply for your intervention order.