I had an intervention order made against me by the Ballarat Police. My partner was not the applicant. a member of Victoria Police was the applicant. I have typed out the order IVO below:
The court ordered that me the "respondent" Must not Section 1 - 8
1. commit family violence against the protected person
2. intentionally damage any property of the protected person or threaten to do so
3. attempt to locate, follow the protected person or keep him/her/ them under surveillance
4. publish on the internet, by email or other electronic communication any material about the protected person
5. contact or communicate with a protected person by any means
6. approach or remain within 5 metres of a protected person
7. go to or remain within 200 metres of 138C BEVERIN STREET SEBASTOPOL
or any other place where a protected person lives, works or attends school/ childcare
8. get another person to do anything the respondent must not do under this order
and then Section 9
"The Respondent may"
(a) do anything that is permitted by a family law act order
(b)negotiate child arrangements by letter,email or text or
(c)communicate with a protected person through a lawyer or mediator or
(d)arrange and or participate in counselling or mediation or
(e)go to home of a protected person, in the company of a police officer or a person chosen by the applicant, to collect personal property. BUT ONLY if the respondent does not commit family violence while doing so
My legal question is: Section 5 seems to contradict section 9 (c) & (d) of the intervention order
The court ordered that me the "respondent" Must not Section 1 - 8
1. commit family violence against the protected person
2. intentionally damage any property of the protected person or threaten to do so
3. attempt to locate, follow the protected person or keep him/her/ them under surveillance
4. publish on the internet, by email or other electronic communication any material about the protected person
5. contact or communicate with a protected person by any means
6. approach or remain within 5 metres of a protected person
7. go to or remain within 200 metres of 138C BEVERIN STREET SEBASTOPOL
or any other place where a protected person lives, works or attends school/ childcare
8. get another person to do anything the respondent must not do under this order
and then Section 9
"The Respondent may"
(a) do anything that is permitted by a family law act order
(b)negotiate child arrangements by letter,email or text or
(c)communicate with a protected person through a lawyer or mediator or
(d)arrange and or participate in counselling or mediation or
(e)go to home of a protected person, in the company of a police officer or a person chosen by the applicant, to collect personal property. BUT ONLY if the respondent does not commit family violence while doing so
My legal question is: Section 5 seems to contradict section 9 (c) & (d) of the intervention order
- Can I communicate with my partner through a lawyer or mediator?
- Can I arrange counselling or mediation?
- Does it have to be a specific person, or can it be a counsellor of a specific kind?
- How can I or we get the IVO varied? So I / we can have contact but just not commit domestic violence.