VIC applying to vary intervention order

[sammy01]

Maybe I've got it wrong. Or maybe Atticus, mis-understood. What I mean't was you can't self rep against an AVO because you can't question your accuser in avo cases? So the only way to get this extension cancelled is to pay a solicitor.

 

[Jamie27]

Maybe I've got it wrong. Or maybe Atticus, mis-understood. What I mean't was you can't self rep against an AVO because you can't question your accuser in avo cases? So the only way to get this extension cancelled is to pay a solicitor.

I believe this is correct

 

[sammy01]

Yeah, so Jamie, the only avenue to get the extension dropt is with a solicitor. But getting that to happen will help with the family law stuff because you'll be building a body of evidence to show she is doing all she can to keep the kids from you.

 

[Jamie27]

100%
The girls keep asking me about when they will get a say. Eldest turns 15 soon, second is 14 next Feb. They are as sick of all this as I am. And they are very angry at their mother.
It's interesting to note that their mother has tried to engage me in conversation when I was on the phone to the kids the past two days - they were on speaker and she was listening to everything. She fired up over two topics of conversation which were harmless - me telling the eldest to not spend too much time on instagram... the other was when the 14yo asked how much our house is worth.... I didn't respond to the ex, but I am keeping a diary about absolutely everything for the directions hearing.

 

[Atticus]

What I mean't was you can't self rep against an AVO because you can't question your accuser in avo cases?

So in family law proceedings where there has been accusations of family violence, cross examination by other party is banned as of Sept 2019

In the magistrates court THIS IS SPECIFIC TO VICTORIA, may be different in other state & territories....

(3) A protected witness must not be personally cross‑examined by the respondent unless—
(a) the protected witness is an adult; and
(b) the protected witness consents to being cross-examined by the respondent

SOURCE >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 70 Special rules for cross-examination of protected witnesses

So I agree it's very unlikely that the protected person would agree to be cross examined, but still possible ..... Act then explains how the court MUST provide a legal aid rep if respondent can't afford to (or won't) get a lawyer

Would definitely recommend anybody in @Jamie27 position to get competent legal representation if they can afford to