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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42632
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I moved from the UK to Melbourne 18 months ago and have a 457

Customer Question

I moved from the UK to Melbourne 18 months ago and have a 457 working visa. In the next few months I will be applying for permanent residency. I was recently issued with a summons for an Intervention Order. I have been to court and was encouraged to agree to an undertaking. I refused this as I wanted to check out whether this would affect my visa application or if I have to declare this on the visa application form. I want to contest the case as I feel strongly that it is simply a way of victimising me and punishing me (I discovered my partner had been cheating with a lot of different people and I contacted them to find out more - nothing ongoing/sinister/abusive or threatening - a complete waste of the courts time and an abuse of the process I think). Despite wanting to 'throw the book at him' in court (where evidence will clearly prove my case) I want the best possible outcome for my visa. I have never been in trouble before and I believe he is doing this as he knows that this may well affect my ability to stay in the country. Would it be best to simply accept the undertaking (as much as that would pain me) or would it be best to contest the case? Also will these court appearances show up anywhere and will I have to disclose them? Thank you so much for any help you can give me.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Have you been charged with any offence such as assault?
The intervention order is not a criminal matter but if you have been charged with an assault then this could be a problem.
The following link is the link about character for visas
http://www.immi.gov.au/Help/Pages/character-police/requirements.aspx
This is what they look at.
If you agree to an undertaking it is not a court conviction but a promise to meet the orders.
But if you breach that undertaking you will be bought back and the court will not be lenient because you breached the promise to the court
If there is an assault attached then you should not agree to anything and have a solicitor represent you.
I hope this makes sense and is of assistance. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
Thank you very much Leon. The link you sent was particularly useful.
In response, I did not receive the summons for assault. It was simply for emailing and texting the people my ex had been involved with and the contact was a one-off (not ongoing) and was not abusive in any way. Frankly I was a little taken aback that his lawyer allowed him to make the complaint in the first place but there you go. Not much I can do apart from make sure I defend myself as best I can.
I notice that the good character declaration asks if I have "been charged with any offence that is currently awaiting legal action? "If I were to contest this Intervention Order (or even if it were granted) would that fall under an offence?
I understand fully that if I were to break the IO that I would then be committing a criminal offence. I am not concerned about that as I have not had contact with this person (or anyone associated with him) since many weeks before the summons was even issued. I believe he is simply using the process to victimise me which is why I really want to contest it. If I know that this will not affect my visa then I will feel able to defend myself rather than feeling pressured into accepting an undertaking. I am assuming from the link you sent that I would NOT have to disclose an Intervention Order (even in the highly unlikely event that it was granted) and this would not affect my good character declaration.
Expert:  Leon replied 1 year ago.
Good Afternoon
The emailing and texting can be harrassment.
The charge for the assault would be the offence not the intervention order. This is what they mean.
The intervention order does not have to be disclosed
Do not agree to the order. You tell the court without admissions you are happy to enter into an undertaking and also ask the other side to do the same so they do not approach you.
All the best
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon