VIC confused by IVO conditions

[Eddy Larkin]

I was issued with a Family Violence IVO by my ex partner. The protected people are herself and out 7 year old daughter. I will contesting it but there seems to be some confusion about what the wording means.

Points 5 and six state that I can't:
5. Contact or communicate with a protected person by any means.
6. Approach or remain withln 5 metres of a protected person.

Which is clear enough
Then point 9 says in part
The respondent may
(b) negotiate child arrangements by letter, email or text message; or

This is where I am confused. My ex says 9(b) means I can have supervised visits with our child. But to me that contradicts point 5 and 6. I interpret it as meaning we can arrange and agree to activities she has to do or whatever. But does it imply I can see her? I do not want to be accused of breaching the Order.

Any advice appreciated
Many thanks

 

[sammy01]

It doesn't mean supervised visits.
It does mean you need to be careful. I'd start by going back to the police officer that issues the thing and ask.
I reckon it will go this way....
1. You can contact the ex via text to ask to see the child
2. Ex will refuse.

So call Relationships Australia, or any other govt subsidised mediation service you can find and start the process with them.

But - I don't trust you... (respectfuly) why does point (b) above end at OR???? I want to know the whole bit. I reckon it will say you can negotiate via a legal third party, like a solicitor. You have not typed the whole clause. OR?

Do nothing dumb. Be cautious. Breach of avo is serious

 

[Eddy Larkin]

Thanks for the response.

I didn't include the whole thing because I didn't think it was relevant to my question.
The full clause is:
The respondent may
(a) do anything that is permitted by a Family Law Act order, a child protection order or a written agreement about child
(b) negotiate child arrangements by letter, email or text message; 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 the 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 commlt family violence while
doing so.

Just to be clear... my ex is saying I can see our daughter - on her terms - but frankly I don't trust her. Can she then turn around and say I breached?
I do not want to do anything to breach

Also to be clear this is an interim order made by her not the police

 

[sammy01]

contact these people
Family mediation and dispute resolution | Family Relationships Online
Mediation | Family Dispute Resolution | Parenting | Property | Relationships Australia Victoria
Mediation & Dispute Resolution Services Melbourne | Better Place Australia Victoria

I reckon the meaning is you can text her to ask to see the child. Clearly the ex disagrees.... So play safe and go through one of these mediation sevices. If the ex insists you need supervision, then I reckon you're wasting your time negotiating with her... So use one of these govt funded services.

Sadly, I reckon you're better off accepting without admission on the avo. Not happy to give that advice.

 

[Eddy Larkin]

Thanks for the advice. If I accept even without admission the order stands. Will that go against me when I take it to Family Court? I have read it's best to have the allegations tested at a disputed IVO hearing before taking it to FC. Her allegations are exaggerated and/or baseless.

 

[Rod]

I was issued with a Family Violence IVO by my ex partner.

Issued an application for interim orders or final orders, both?

It is hard to comment without knowing the exact allegations and whether they relate to violence against your daughter.

I'd be thinking about consent orders and removing your daughter as a protected person.

If your daughter is removed as a protected person then the orders make sense.

If you need a lawyer look me up. What court has the FVIVO been filed in?

 

[Eddy Larkin]

Hi Rod
It's a "application and summons for an intervention order"
There is no accusation of violence against my daughter but some horrible insinuations about potential inappropriate behaviour towards her. This is based on her coming into my house while I was in hospital, accessing my computer without my permission and finding legal pornography on my computer. Somehow this makes me an unsafe parent. Yet while making these insinuations she is encouraging me to see my daughter and take her out to dinner alone etc. It seems like she just wants to control my access and is punishing me for having a new partner. This all happened after I said I was going away with my new girlfriend for a weekend. Before then I was having my daughter 4 nights/wk.

There are allegations of me being verbally abusive and intimidating towards my ex (yes I yelled when we fought sometimes just as she did but have never hurt her or threatened to hurt her or been controlling or aggressive), denigrating her (I have always been careful no to while she is very abusive towards me), she accessed my text messages and found I admitted to a friend that I had driven intoxicated once with our daughter in the car (she says it's a regular thing) and also being affected by drugs with our daughter in my care (untrue)

I BELIEVE AN INTERVENTION ORDER IS NECESSARY FOR THE PROTECTION OF MY DAUGHTER AND I AS I AM CONCERNED ABOUT HIS ERRATIC AND INTIMIDATING BEHAVIOUR. I DO NOT WANT TO STOP CONTACT BETWEEN THE RESP AND [MY DAUGHTER], HOWEVER I AM CONCERNED ABOUT THE RESP WANTING ACCESS TO HER IN SITUATIONS WHERE SHE NEEDS TO DRESS/UNDRESS

FVIVO has been filed at Morrabin to be heard on the 16th

 

[Eddy Larkin]

This is based on her coming into my house while I was in hospital

By "her" I mean my ex not my daughter

 

[Rod]

This all happened after I said I was going away with my new girlfriend

Yep, real problem for some women (and men). This is the likely trigger event.

It seems like she just wants to control my access and is punishing me for having a new partner.

Agreed.

However, your ex did seemingly find some real material to use against you.

Options:

1. Do nothing, just allow order to be granted.
2. Suggest an undertaking with modified orders (as suggested in prior post)
3. Contest application, and suggest and argue for modified orders.

Hard to know what is best without knowing additional background.

Happy to help if you want legal assistance. Moorabbin is not an issue for us.