If you have a full no contact order which prohibits you from contacting the affected person, being within a certain distance of them, or attending a protected address, then the short answer is no.
This firm rule applies regardless of whether the intervention order is an interim order or a final order.
The protected person may have told you that they are okay with you contacting them or seeing them, but unless you have been permitted by the order to do so, you absolutely cannot do so.
Even in circumstances where the affected person has informed the Court or the Police that the parties have reconciled and wish to recommence seeing each other. You, as the Respondent, still cannot do anything that you are prohibited to do by the order, so long as it is in place.
You cannot commit any behaviour included in the order, even with the affected person’s consent, unless:
- The order has expired
- The order has been revoked
- A court has altered or varied the order
The Protected Person is free to contact you or attempt to see you despite the order. However, you, as the Respondent to a Court Order, have the responsibility to prevent that communication and not respond. If the protected person texts you, you cannot respond, if the protected person approaches you, walk away.
For example, let’s say that you are prohibited from being within 5 metres of the protected person. If you are at a restaurant, the protected person enters the same restaurant and is seated within 5 metres of you, you, as the Respondent, have the duty to leave the restaurant, so as not to be in breach.
If you wish to contest the finalisation of a intervention order, we urge you to speak to one of our lawyers so that they can provide you with specialised legal advice accordingly.
Email us at info@icaalaw.com or call us today to book your appointment on (03) 9842 4474.
Important Disclaimer: The content of this posted article is general in nature and for reference only. The content does not constitute legal advice. Legal advice about your specific circumstances should always be obtained before taking any action in your particular circumstances.
