LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Can Intervention Order be Dissolved?

Discussion in 'Family Law Forum' started by Tom_adamson, 3 August 2016.

  1. Tom_adamson

    Tom_adamson Member

    Joined:
    3 August 2016
    Messages:
    1
    Likes Received:
    0
    Hey guys,

    Quick question!

    My partner called the police on me, not thinking straight and now the police want to take it to court for an intervention order.

    We both don't want it. She told the police she didn't want it after the fact but they keep saying it's "family violence laws" and out of there hands.

    Surely we have a right to truely stop it, don't we? They said she has to go to court but I don't have to if I don't want to fight it or have my say.

    If she also doesn't go, will that dissolve it?

    Sorry for all the confusion .

    Thanks
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    No.

    Though your wife can apply to the court to refuse to testify against you. Spousal rules of evidence give her that right. She should make it clear to the police this is what she will do if they proceed with the case to see if that will persuade them to drop the case. Not sure how often the courts grant the right.

    You should not talk to the police about this as they are unlikely to believe you.
     
  3. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,043
    Likes Received:
    123
    See a solicitor - your best bet could be to refuse to accept without admission. Then there will need to be a trial. If your partner doesn't attend then they are likely to drop the thing.

    But - be mindful, you're likely to still have the thing hanging over your head, especially until it gets resolved. Right now, you have an interim AVO, I expect... If your partner calls the cops on you while that is still in play, you can expect to have some cold nights ahead.
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    For the record, situations like this are the very reason police-issued AVOs are managed by police and not by the victims themselves - it's very easy for a perpetrator to persuade their victim to withdraw an AVO application, after all.
     
    Junior likes this.
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    I agree with AllForHer - there are times when police should take the initiative and proceed with the AVO. Conversely there are also times when one party acted rashly in the heat of the moment and sincerely later regrets their actions in bringing police into their private personal relationship - without any pressure being applied by their partner. There are also instances where one party abuses the system in an attempt to gain an advantage in custody and property settlement issues.

    I understand the need to err on the side of safety, but it does and has caused hardship for people innocent of any wrongdoing. Distinguishing between the three types of scenarios is not easy for a third party.

    Situation 1. Genuine need for AVO - system sort of works OK
    Situation 2. Heat of moment, genuine regret - system works OK - witness can apply to withdraw
    Situation 3. Abuse of process - BROKEN system. People abusing the system, and proven to be abusing the system, need to face penalties that are consistently applied.

    The Law loses respect when so many ordinary people, who are rarely exposed to police and the justice system, suddenly find themselves fronting court for no good reason and are losing access to kids and their property. Where is this person's redress when the other party abuses the system and is proven to abuse the system? With safety first as the priority, the redressing of committed wrongs needs to be just as easy as the initial placing of an incorrect application for an AVO.

    Most of the tools already exist for the redress yet the justice system is ignoring a section of the community.

    Without being gender specific, the physically strong who abuse their abilities for the satisfaction of their base wants are generally punished these days. People who are physically weaker and lack morals/ethics are turning to the legal system for the satisfaction of their selfish personal wants and are not punished.

    This is not right.
     
  6. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

    Joined:
    12 February 2015
    Messages:
    68
    Likes Received:
    5
    Damn Rod!!! I like you bro.
     

Share This Page

Loading...