VIC Change in Address - Intervention Order Valid?

[Tam74]

Hi,

Just wondering if someone can help, whether a protected person has an IVO or intervention order in place for someone else to not be within 200 metres of a property, what happens if that protected person moves house? Is the IVO still valid?

Thanks

 

[Rod]

IVO is still valid however depending on the wording, one of the main orders may have no effect. You may need to apply for an amendment.

 

[Tam74]

Thanks Rod so does that mean that the clause referring to him not being able to come within 200 metres of my place may no longer be valid, but other clauses will still be, correct?

 

[sammy01]

what is the intention here? why do you ask? are you trying to trap the person with that avo.

common sense. No the person with the AVO can't come within 200 metres of your new address. However, IF you're moving into a house in the same street that doesn't mean the person with the avo will have to change their address.

 

[Tam74]

what is the intention here? why do you ask? are you trying to trap the person with that avo.

common sense. No the person with the AVO can't come within 200 metres of your new address. However, IF you're moving into a house in the same street that doesn't mean the person with the avo will have to change their address.

 

[Tam74]

Hi Sammy01, ok so i'm guessing a bit more clarification is needed. Firstly the IVO was taken out against my partner by the police not me. (just an incident that we wish to move on from) Let me state first up that I do NOT want this IVO in place anymore. My partner and I are engaged to be married and were just curious what would happen if I moved house, whether the clause that states 'he cant come within 200 metres of my house' would still be valid. Hope that all makes sense. I am currently in the process of varying it before the court anyway.

 

[sammy01]

So you're not gonna like my advice... I would be advising your partner to stick with the orders until they are varied. WHY? So you move house - I think the 200 metre exclusion zone still exists. BUT lets pretend you move house, he comes over, all good. BUT... BUT - there is an argument, things get heated, you call the cops. HE GOES TO JAIL. Not worth the risk

 

[Tam74]

Understand where you're coming from, but no calling of the cops over an argument! That's just ridiculous. But this was more just a 'what if' scenario. I was just curious in this case. Obviously we're waiting to see what happens with the application to vary. Thanks for weighing in.

 

[Tim W]

Any way you weld it, and pretty much regardless of the wording, the court will uphold its validity.
If orders could be defeated by petty actions of that kind, they would be pointless.

Also, look closely at the wording. It may say something like
"X address, or any place that the PINOP may from time to time reside."

 

[Rod]

I agree with Tim in that you need to read the orders to see what they say.

What you are likely to see prohibited is:

"Going to or remaining within NNN metres of XXXXX or any other place where a protected person lives, works or attends school/childcare."