VIC applying to vary intervention order

[Jamie27]

so, I've been counting the days to the end of the intervention order and with 3 days left I've been served with papers that she wants a 12 month extension. The reasons why are garbage. Feel like fighting it this time.

 

[Jamie27]

in a nutshell she alleges that I shoved her in March, used a computer to search for how to create carbon monoxide on April 12 (I haven’t been in the house since April 3) and that our daughters have been “unsettled” after visiting with me (untrue - they just want to see their dad and were upset about leaving me) - I have a lawyer to represent me

 

[Atticus]

she alleges that I shoved her in March

Did she lodge a complaint at the time... If not, on the balance of probabilities, probably didn't happen ..... Daughters being 'unsettled' is her opinion & can't be attributed to any one thing or person most likley

 

[Jamie27]

Hi Atticus, police spoke to me 12 days after the "shouldering" allegedly happened and they took no action. I believe the fact my daughters contradicted their mother's version of events may have played a role.
This is almost 4 months on. I've had no contact with her apart from when we've been dropping off or picking up kids. I'd like to think that's long enough for the order to not be extended for another year but we'll see I guess.
Happy to consent to an order without admissions if she's the only one on it - will aim to negotiate other conditions being left off.

 

[Atticus]

Happy to consent to an order without admissions if she's the only one on it - will aim to negotiate other conditions being left off.

Or propose a JOINT undertaking

 

[Jamie27]

Or propose a JOINT undertaking

might be a dumb question but how does a joint undertaking work?

should have added that police aren't applying for the extra 12 months - she's doing it off her own bat

 

[Rod]

added that police aren't applying for the extra 12 months - she's doing it off her own bat

Sounds more like a new application.

Speak to your lawyer about the possibility of having the extension thrown out.

 

[Jamie27]

Thanks Rod - I showed it to a police officer friend of mine who said "is that really the best she could come up with??"

Hope the magistrate feels the same way

 

[Atticus]

might be a dumb question but how does a joint undertaking work?

should have added that police aren't applying for the extra 12 months - she's doing it off her own bat

No police support for this one, no action taken on the march complaint ..... First off seek to have it thrown out as per Rod's advice. If for some reason the mag looks likely to allow it, you can then offer an undertaking... No direct legal consequences for a breach, but is a 'promise' to the court NOT to breach .... Just means that if there IS a breach contrary to whatever conditions are on it, there is a VERY high chance that an interim IVO will follow.

A joint undertaking just means you both give that undertaking

 

[Jamie27]

No police support for this one, no action taken on the march complaint ..... First off seek to have it thrown out as per Rod's advice. If for some reason the mag looks likely to allow it, you can then offer an undertaking... No direct legal consequences for a breach, but is a 'promise' to the court NOT to breach .... Just means that if there IS a breach contrary to whatever conditions are on it, there is a VERY high chance that an interim IVO will follow.

A joint undertaking just means you both give that undertaking

Thanks Atticus - will let you know how it goes