VIC Consenting without admission.

Discussion in 'Family Law Forum' started by james4004, 11 June 2018.

  1. james4004

    james4004 Member

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    I have been advised to consent without admission on a FVIO brought by the police on behalf of an ex as it would be best as we have an upcoming family law matter. However I believe she will be able to provide no evidence to support the very minor (punched a hole in a wall) and historical claims (a year ago) she made on the FVIO, would I be able to contest so that she has to provide evidence in the hope that she or the police will drop it then if they proceed on the day of the hearing just consent without admission before we even start ?

    Thanks
     
  2. sammy01

    sammy01 Well-Known Member

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    sounds familiar mate... Been there done that.

    The advice I got. you can spend a small fortune fighting it... You might win, you might not... But you can accept without admission for free and save your $$$ for family law. So if there are kids involved? get back to me. That is a game changer.
    Sounds like there is? so give more details - how long since separation?

    I'm familiar with nsw - But Vic is probably not that different.
    Final AVO
    Go down to the bit about the "applicant being successful".... So there is no "beyond reasonable doubt" here. It is on the grounds of probability... Toss a coin, probably heads / possibly tails. MADNESS..
    WORSE it isn't whether or not it is probable that you were violent... That would at least give some chance of getting a reasonable hearing. BUT it is whether or not it is probable that she fears you...

    So with a hole in the wall, she is well on her way... Now the fact that the cops have done it on her behalf, suggests to me that you're stuffed.... See if they thought it was frivilous they could refuse to do the application. They have accepted her statement and hence served you (again, that is how NSW works, not familiar with Vic - but confident it would not be too different)

    So my advice consent without admission, save your $$$ for the real fight - getting to see your kids... BUT get back to us here with a bit more detail and you'll get good opinions.
     
  3. james4004

    james4004 Member

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    There is kids involved however there has already been orders made by a federal circuit court, I do intend to consent without admission but I guess what I want to know is can I do this at the last minute before the contest trial ? I figure if I contest there I think there is a good probability she will drop it when they start asking for evidence to support her claim or maybe accept a undertaking. If I just self represent I don't see anything is to be lost rolling the dice.
     
  4. james4004

    james4004 Member

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    Also to clarify I have a photo taken before the claimed incident showing the damage to the wall was pre existing 2 years before she claimed I did it also the police advised me the only reason they applied was because I owned firearms and it is their blanket rule to apply for an order when any complaint is made against someone with guns.
     
  5. sammy01

    sammy01 Well-Known Member

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    She can't drop it... Once the cops lodge the thing the only way it can be dropt is if the police prosecutor chooses not to pursue it. Gets better. So you self rep... You can't question her. You can't put her in the stand and ask her questions... Not as a self-represented person... See you might scare her...
    I hate this mate. But the laws are tight, they are that way because sadly, lots of victims of DV have been intimidated by their partner, they have withdrawn, or refused to attend court out of fear. To remedy that the rules are insane and good honest folk are the victims... YOU and me...

    So you have final court orders? Where do you pick the kids up from? her house? how did you come to punch the hole in the wall?

    My advice - accept without admission...
    Ignore that advice (you're welcome to..) but then you wanna spend $$$ on solicitors... Other stuff you can do to help your case. Go sit in on a few local court days - get to know the ropes. Learn stuff like not interupting the boss at the front of the room... Talk to the duty solicitor...

    As far as undertakings, I don't think the courts are too keen on them anymore.. They accept your undertaking, then you go and kill her... Magistrate looks bad.

    But if you're gonna fight it I really do think you wanna get a solicitor, or at least go and talk to one for an hour - worst $500 you'll spend... That said, there is some merit in fighting it. Mate my ex had all sorts of fun when I had one of this things on me... She realised the cops have to 'investigate' every bloody accusation... So all of a sudden, I'm being called to the cops shop... She claims I'm driving past her house... NOPE I"m at work... She claims she can't find her keys, I must have broken in and found them... Nope she left them in the car... So for the first few months my visits to the cops were almost weekly.... I'm in a small town. So only a few cops.. Eventually they all get to know me and they stop with the stern talks about making sure I'm being a good boy... They even started to give me some advice to make sure she doesn't manage to stitch me up... fun and games.... Fight it if you want but get a solicitor.
     
  6. sammy01

    sammy01 Well-Known Member

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    oh mate, I wish you'd have said that earlier... You have a gun licence? hand over your guns, she is gonna get the thing. Dont waste your time
     
  7. AllForHer

    AllForHer Well-Known Member

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    Yes, you can. You can negotiate undertakings on the day of trial, or you can consent without admissions, or you can just go ahead with the trial.
     
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  8. Rod

    Rod Well-Known Member
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    An undertaking is unlikely to affect your gun licence as you do not have a court order and are therefore not a prohibited person - though check with the police.
     
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  9. thatbloke

    thatbloke Well-Known Member

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    In Victoria, if there is an interim IVO out on you you have to hand in your guns right away. I know this to be 100% accurate. Personally i would consent to stuff all.

    In VIctoria part of the legislation says that there has to be a real chance of DV happening in the future in order for an order to be granted. I have had extensive involvement in VIctorian IVO's. DO NOT CONSENT
     
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  10. Rod

    Rod Well-Known Member
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    Undertaking is different to consent.

    Undertaking or fight and win. Both allow you to keep guns.
     
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