Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I moved from the UK to Melbourne 18 months ago and have a 457

Customer Question
working visa. In the next...
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: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 minutes by:
6/4/2015
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,109
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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
Ask Your Own Australia Law Question
Customer reply replied 2 years 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.
Solicitor: Leon, Solicitor replied 2 years 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
Ask Your Own Australia Law Question
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,109
45,109 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I purchased an off the plan apartment last February 2017 -
Hi I purchased an off the plan apartment last February 2017 - no construction ever started & I was informed the developer had difficulty with finance. Last week I was told by the real estate by teleph… read more
Leon
Leon
Solicitor
45,109 satisfied customers
My home keys were taken without permission by daughters who
My home keys were taken without permission by daughters who do not live with me. They are entering my home while I am not at home, without my permission and refuse any communication with me … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
How i can make complaint against meachnic. Victoria
how i can make complaint against meachnic JA: What state are you in? It matters because laws vary by location. Customer: victoria JA: Has anything been filed or reported? Customer: no JA: Anything els… read more
Leon
Leon
Solicitor
45,109 satisfied customers
I would like some advice on a pending civil court case which
Hi there i would like some advice on a pending civil court case which is to be held in Sydney on Tuesday. Quikfund vs Melita Pilch (me) can you help? … read more
Leon
Leon
Solicitor
45,109 satisfied customers
I search for a solicitor titled CPD .... Brisbane, A title
I search for a solicitor titled CPD .... JA: What state are you in? It matters because laws vary by location. Customer: Brisbane JA: Has anything been filed or reported? Customer: A title for for unit… read more
Leon
Leon
Solicitor
45,109 satisfied customers
Tina, not sure how this works...I'm in Australia and have an
hi Tina, not sure how this works...I'm in Australia and have an issue with a policewoman who has lied to a court ...As a result I've been issued with an Interim Intervention Order...now she wants to w… read more
Leon
Leon
Solicitor
45,109 satisfied customers
Back in September my Tax agent sent all my original Tax
Back in September my Tax agent sent all my original Tax return documents to the wrong address and they have now gone missing. … read more
Leon
Leon
Solicitor
45,109 satisfied customers
How can a person with dual citizenship be ineligible for
How can a person with dual citizenship be ineligible for election to parliament when members of parliament are required to swear allegiance to the ruler of a foreign power? OathI, A.B., do swear that … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Do Optus have an obligation to provide tech support? OR to
Do Optus have an obligation to provide tech support? OR to make it clear that they do not intend to offer tech support in their PDS? Because they do not publish a help or support phone number anywhere… read more
Leon
Leon
Solicitor
45,109 satisfied customers
I am in WA. I feel I am been treated unfairly by my
I am in WA. I feel I am been treated unfairly by my employer. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Is there some one I can find over the phone to quickly
HI is there some one I can find over the phone to quickly discuss or is here best? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Can I change my legal aid funded lawyer if I am not happy
Can I change my legal aid funded lawyer if I am not happy with their representation. This is relation to a application for shared custody of a child … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
When will I be eligible to apply for a spent conviction over
when will I be eligible to apply for a spent conviction over drink driving. the first offence was in 2011 and my last one was in 2015 … read more
Leon
Leon
Solicitor
45,109 satisfied customers
I have worked at a community based youth services as a
I have worked at a community based youth services as a manager for 15 years. i first retired in 2010 but have since been called back in as a casual/relief manager on numerous occasions last being arou… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am an Australian Citizen married to Indonesian Muslim
Hello I am an Australian Citizen married to Indonesian Muslim woman in Indonesian. We are not quite 2 years married and cannot achieve an amicable relationship for quite some time which has led to cou… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Can I ask a question? NSW. What do you mean? I have a centre
I have a centre link debt issued to me as I earnt small amounts of money through on and off TV commercials I did during that time. But I do not see how it is fair because it is standard in the industry for every commercial to take at least 3 months before they pay you. Some of these centre link benefits I was only on for 6 months. Is it possible to justicly contend against this debt considering the circumstances? Thank you kindly for your feedback. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Have being victimized my vehicle in front of my garage. Nsw.
hi hi have being victimized my vehicle in front of my garage … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Currently, i am trying to move out of my guardians house.
currently , i am trying to move out of my guardians house. THey use a parenting agreement as a reason why I cannot leave. I do not want to be here as one of them is a drug user/ dealer and their behav… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x