ASIC with intervention order?

[Mike Litoris]

Does anyone have any experience with difficulties obtaining an ASIC if they have an intervention order against them?

I'm about to apply for my first ASIC, and today Mr Plod arrives on my doorstep saying my nextdoor neighbour has applied for an intevention order against me (the cop actually thinks that the application will get thrown out of court, my neighbour is a few beers short of a six pack!). Anyway, if he is successful, then would having an order against me affect me getting an ASIC, or would they look past that?

There is no violence/assault associated with the order, it is a petty neighbourly dispute, and this guy is just trying to make my life difficult.

Any advice would be appreciated

Cheers

ML

[troppo]

move house?

[Mike Litoris]

Not that easy due to mortgage commitments....would be a bit costly to move

[RUMBEAR]

Mike,

Have a look at the dept of transports website for the requirements of the background check (sorry dont know how to post the link). Im no lawyer but there is a list of specific convictions that would disqualify you, and having an intervention order against you is not one. In fact I dont believe it on its own is any sort of conviction. Now if you go and breach the order and then get convicted, that is a different story!!!
Even if you did the above your not disqualified forever, just need to be a good boy for a while (looks like about 1 year) then reapply.

Maybe best to read up for youself.

Cheers

[VH-XXX]

It's all here. Don't do anything stupid from now on and you'll be fine! Keep your doors closed, window blinds down and keep to yourself and hope that he goes away, perhaps set up a real or fake internet camera or similar pointing out the window to their house, this worked for me.



When an intervention order is made (http://www.legalaid.vic.gov.au/1839.htm)
When an intervention order is made

There are two types of intervention orders that a magistrate can make. They are:

an interim order – a short-term order made until a magistrate can hear all the evidence and make a final decision
a final order – a longer-term order made if a magistrate believes a person has used family violence or stalking and is likely to do so again.Interim and final orders have conditions, like rules, that a respondent must obey. See ‘Conditions in a family violence intervention order’ and ‘Conditions in a stalking intervention order’ (links below).
If the respondent disobeys the conditions on the order, the police can charge them with a criminal offence. See ‘Breaking an intervention order’

Breaking an intervention order

If a respondent (the person the order is against) breaks the conditions of an intervention order, family violence safety notice or a counselling order the police can charge them with a criminal offence. This is called a breach.
The court takes breaches of intervention orders very seriously. If the court finds the respondent guilty, they can be given:

a prison sentence of up to two years
a fine of up to $24,000
a good behaviour bond or other penalty.The respondent will also have a criminal record.


If you’re charged with breaching an order

Get legal advice.
The police can arrest and charge the respondent if they:

breach the conditions of a family violence safety notice, intervention order, interim order or counselling order
have committed another offence, for example, assault or property damage.




http://www.secasa.com.au/index.php/survivors/7/184/9 (http://www.secasa.com.au/index.php/survivors/7/184/9)


What is an intervention order?


An intervention order may tell the violent person that he or she is not allowed to continue violence or harassment. You can get an intervention order even if you want to remain living with the perpetrator, or if you want to live separately. An order can say amongst other things, that:

the person is not allowed to hurt or threaten you;
the person is not allowed to stalk you;
the person is not allowed to come to your home or work or attend the school of your children;
the person must not try to see you or come near you;
the person is not allowed to damage your property;
the person is not allowed to get another person to hurt you or damage your property;
the person is not to phone you or write to you if you do not wish them to do so;
the person must get rid of any guns or other weapons. The police must take these away and may have any gun licence revoked.Different people need the intervention order to say different things to make sure they are protected. After hearing the evidence, the magistrate will decide if there is to be an order and what conditions apply.
You can apply for an intervention order seeking that your partner be removed, regardless of who owns the home. You should discuss this issue with your solicitor, local Community Legal Service or Victoria legal aid.
It does not cost any money to apply for an intervention order.
Generally you will have to go to court to obtain an order, but in special circumstances a police officer or a support worker may provide support at court or apply for an Order on your behalf.

[Worrals in the wilds]

What Rumbear said. Here is a link to the OTS info. Good luck!

Fact Sheet 13: Aviation Security Identification Cards (ASICs) (http://www.infrastructure.gov.au/transport/security/aviation/factsheet/fact13.aspx)

[SokPuppet]

ML,
An intervention order is not a criminal conviction, so it won't affect your ASIC application. These orders are often abused and used as weapons, so be careful that your neighbour doesn't try to set you up for a breach of the interim order before it gets to court.

[AirBumps]

Correct. An IVO is not a criminal conviction of any sort. IF you breached the IVO and IF the police prosecuted you for it, and IF you were found guilty AND convicted at court, then you would finally end up with a criminal convicition...

If it is an interim order, just rock up on the day of the hearing and explain to the Magistrate why the IVO is not required and it will go away. If this is a full order then like SP said, don't let the neighbour lure you into a breach.


AB

[Mike Litoris]

Thankyou everyone for all the help and advice, greatly appreciated, I'm feeling alot more at ease about the issue :ok:

cheers

ML

[Horatio Leafblower]

Good one mike - sounds like you've got it licked. :ok:
















.... have always wanted to say that :E

[mattyj]

..get the ASIC done now..wait until it arrives in the post..

..then go back to shooting his pumpkins with your air rifle!!:}

[Mr. Hat]

Mike, you will be summonsed to say your bit to the judge.

The legal system doesn't hand out these orders as easily as they used to. Your mate next door will have to present reasons why and so will you. Its not guaranteed that it will be granted. The system recognises that there are people using thi as a tactic to scare or annoy people.

[Mike Litoris]

Hi all, I had my day down at the courthouse, the twit next door admitted that he was an idiot and the cause of all the issues (plus a few more interesting things i wasnt aware of!!). So, he was not successful in his application for an IO against me!

Thanks all for your advice, and Mr Hat you were spot on with the info you gave, cheers:ok: