VIC Contesting a Police Intervention Order?

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Rod

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You can try.

Magistrates are wary of people baiting family members to provoke a response they then record.
 

victor v

Active Member
13 July 2019
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Question:

Got my final orders and while it does not say "This is a no-contact order" at the bottom it does say
"Contact or communicate with a protected person by any means".

I want to make sure that I am not violating the above or somehow the other party might say that I violated the order.

It could be possible as we still have common friends and relations, that when I catch up with friends and relations and talking of things post-separation and the legal battles to win in the next 6-12 months on parenting and property matters the common friend or relative might talk to the other party and try to mend fences or seek some reason in this battle and get it over.

Will that be considered as me prompting my friend or relative and me communicating with her by another means?

Does that violate the clause in the intervention order which is "Contact or communicate with a protected person by any means"?
 

sammy01

Well-Known Member
27 September 2015
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Ok so calm down..

If you ask your mate's wife who plays tennis on Tuesdays with your ex to 'have a chat' you're stuffed... The only communication to the ex needs to come from a solicitor or authorised mediation service. If your mate's tennis-playing wife chooses to talk to your ex, you shouldn't worry. Just so long as you don't ask her to do it...

Mate overwhelmingly complaints about breach avo are dismissed as frivolous at the local cop shop and common sense prevails.
 
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victor v

Active Member
13 July 2019
13
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31
Ok so calm down..
If you ask you mate's wife who plays tennis on Tuesdays with your ex to 'have a chat' you're stuffed... The only communication to the exx needs to come from a solicitor or authorised mediation service. If you're mate's tennis playing wife chooses to talk to your ex, you shouldn't worry. Just so long as you don't ask her to do it...

Mate overwhelmingly complaints about breach avo are dismissed as frivilous at the local cop shop and common sense prevails.

Awesome, sammy01, like the way you explained it in detail.
 

victor v

Active Member
13 July 2019
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Just another question. @sammy01 @Rod and anyone else who can help a mate who is a victim of the system.

I have the final IVO where I have no choice except the court to decide on the length of the IVO. Mum don't want me to meet the kid for 6 years and she says she is 12 now and let him wait for 6 years to meet my daughter and the Magistrate gave 5 years. So no contact with my daughter until 2024. I was virtually in tears.

Anyway keeping emotions aside the immediate priority for me is to see if I can be part of the process to the secondary school which my daughter will go to and for which

1. I need to know which school was allocated to her from the three preferences which are going to be released day after tomorrow 7/8/2019. How can I get this information - a) ring the school - is this ok and the school is obliged to give me the information. b) my son with whom I have full access - can I get this information from him and is this IVO violation?

2. I want to get involved with the decision making to accept/reject the school. I was always the one who helped kids in the learning and discuss with them on options and schools to go etc. How is this possible. Medication is a slow process. other ways to communicate is the police/lawyer - how is this information likely to be communicated.

If we don't get the preferred choice I want to ask a lawyer (by spending the limited amount of money - last time I asked a lawyer to send an email it they sent a bill of $1000 for the back and forth emails which was 3 emails, so cautious now) to liaise with the mum, asking for permission to meet my daughter and discuss on the school she wants to attend to. Is this possible.

Sorry, given the short time I am planning in advance for point 2.

3. With 2 again is it possible to pass on my preferences to my son and while not specifically asking him to tell that Dad prefers this but given he is in Year 12 and fairly sensible kid that he gives his opinion that his sister will be better off going to the specific school.

3. In relation to point 2 above - given the IVO for no communication with my daughter, I am assuming the mum can just sign for all her documents herself as it is a no communication IVO. Is this how it works that for crucial decisions as well given IVO the other parents takes all decisions and leave me to hang on with the spoils and rectify the damage when eventually I get access to my daughter.
 

sammy01

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27 September 2015
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Mate you don't have to wait 5 yrs to see the kid because of an AVO.

Call relationships australia to start. They can organise mediation to come to an agreement about when you'll see the child. It might work. It might not. But that is the first step. Try that and if it doesn't work get back to us here.
 

victor v

Active Member
13 July 2019
13
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31
Mate you don't have to wait 5 yrs to see the kid because of an AVO.

Call relationships australia to start. They can organise mediation to come to an agreement about when you'll see the child. It might work. It might not. But that is the first step. Try that and if it doesn't work get back to us here.
FRC was contacted even before this lady decided to get me out. I was looking for children's contact service but none available in victoria. Children's Contact Service — Relationships Australia what other options we have in victoria for something similar.
 

victor v

Active Member
13 July 2019
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What a broken system. I called the Police to just check with the mum to see which school my daughter is allocated. Today the Department releases the allocated secondary school for Year 6 students.

The Police officer says that getting this information from the mother could be a breach of the intervention order as the Mum can complain that I am asking for information and she is being harassed and a breach of the intervention order. Also she questioned me why I want this information and I am might be tracking her. Explained that there is no tracking as this is the school she will be going to in 2020.

I had spent days to do the research talking with my daughter to select the secondary school that will best fit her interests and I am treated like cats and dogs. What a pity state to be being a victim of a bunch of false allegations by a woman and a system that favours women.

We talk about equality of genders but we care a damn for the male and a biological parent.