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SA Interim Intervention Order from Wife

Discussion in 'Family Law Forum' started by freddo, 3 November 2014.

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  1. freddo

    freddo Member

    3 November 2014
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    My wife has removed a large amount of cash from our premises and arranged an interim intervention order ( restraining order), citing my wife's reasonable apprehension that I may commit abuse, now served on me, removing me from the property.

    I'm assuming I've only been accused of verbal abuse/intimidation because there has been no physical violence but many disagreements resulting in heated verbal disagreements. The serving officer told me I can only see the evidence presented to the police (listed as applicant) via my lawyer. Is this usual?

    If i chose to represent myself can they really deny me access to the 'evidence' relied upon to grant the order? How can i defend myself against unknown evidence? Maybe there are other reasons I should go through a lawyer in any case, however my hope is to review this evidence myself before seeking a legal opinion or instructing a lawyer. The orders mostly relate to keeping a set distance and restricting contact methods [Moderator edit - detailed information].

    Any relevant suggestions welcome, thanks in advance.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Hi, that's an unusual thing for the serving officer to say, but I suppose he's not paid to know your rights.

    First, I believe that all states are relatively similar when it comes to intervention orders and applications - you can't just 'have orders served on you' (especially not ones making you homeless) without first being served with the application for interim intervention orders so that you may have an opportunity to respond and attend the court hearing in which a decision about an interim order will be made. If the other party has not been served with the application for orders, the court must adjourn until the application has been received by the other party.

    I also find it interesting that a service officer served this documents on you, and not a police officer. Are the police seeking the orders, or is your ex doing this privately?

    Second, in regards to evidence, a party cannot use evidence in court if that evidence has not first been provided to the other party. Additionally, a self-represented litigant does, indeed, have access to all evidence supplied by the other party. You don't need a lawyer to obtain this if you are appearing in person.

    I hope this has helped.

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