VIC Court order - domestic violence

Discussion in 'Family Law Forum' started by Tim74, 17 December 2018.

  1. Tim74

    Tim74 Member

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    Hi everyone.

    Here is my sad little story:

    I am the father of a 2.5yo girl.
    September 2018: Shared custody, no criminal or other records, no orders, never started a fight.

    My ex partner cancelled any contact between me and my daughter, because I was under an hour late, which I announced beforehand. 10 days later I went to her home, unannounced, my child came running towards me and I took her with me. For her it was the day, Dad would pick her up and she was happy. Police rang me 30 minutes later, because her mother didn't like what happened. I reassured, that everything is ok and they wished us a nice day.

    This day I had my daughter longer then her mother would have liked me to have her. Police can't come and take my daughter, so she arrived at my place with her father with 3 minutes announcement, so I can't leave the place.

    She tried to enter my home, although I made it clear to her and her family, that she would trespass. I put my hand against her chest and pushed her away, no bruses no harm, no falling and suddenly her father jumped out of the car and started bashing me constantly, while she was entering my home to get the child. The child saw from inside the bashing and also when she came out. When they drove off, they backed into me and I had to move to not get run over.

    I then went to the police and applied for an intervention order against her father, because he threatened me to come back. I also went to the hospital to get everything checked.

    10! days later she filed an intervention order against me, twisting the story, trying to get protection for her and our child. The Police couldn‘t find enough reason to put the child on the application though.

    While my case was scheduled 3 weeks ahead, her case, which was 10 days later then mine would come to court only 5 days later after application, means before mine would.

    Me, not being an Australian citizen, but only permanent resident, I started to be confused, of what just happened. People come and taking my child by force and I would have to go to court for domestic violence. That sounds strange. I had a couple of days and I talked to a couple of people and I got the impression, that I could be in serious trouble, if ex missus just puts out more lies, as Julia Gillard apparently made it possible for people to lie in front of court without punishment.

    I heard bad cases and I started to feel unsafe in the country I am in, so I left overseas, where I still am.

    Court order is 2 years of no contact to my girl (and her mother) – seriously, a court orders separation of child and father, because a mother says something – is this the western world?

    So far, not court, legal help Victoria or a community legal centre would help me at least understanding the order in detail. That again, puzzles me. I would have to pay a lawyer to understand the order?

    Anyway, I have read, that cases can take up to 2 years and some lawyers are not keen to end a case too early.

    The questions I would have:


    1. Is it legal to publish the order if I make sure, no conclusion can be made in terms of people involved. And if so, are people here, who could understand and explain?

    2. Can I appeal at all and if, without being in Australia? ( I am still afraid they‘d lock me away, because the mother just tells them that I breached the order, even though I didn‘t)

    3. What are my chances?

    4. What strategy is a good one?

    I appreciate any answers and happily come back with more details if needed.
    Thank you for reading.

    Tim
     
  2. Rod

    Rod Lawyer
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    Too many missing details to comment accurately.

    You should be talking to a lawyer about your situation. I'd expect you'd need at least 2 hours, if not 3, with a lawyer so they can then give you some idea as to what you can expect.

    You can come back to Australia and apply for a parenting order that overrides the IVO you have in place. But this is not straightforward and is going to take time to sort out.
     
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  3. Tim74

    Tim74 Member

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    Thank you Rod. You are most likely right. I was hoping to get at least an idea of some sort, before spending $1000 for a 3 hours talk to a lawyer. I guess that's just the realty.
     
  4. sammy01

    sammy01 Well-Known Member

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    how long have you been out of Australia.?
    1. Don't publish the order. It can serve you no benefit
    2. Can you appeal. Probably not. But you have better things to do anyways

    3+4. Get back to aus... The get yourself into family court and the family court will make an order for you to see your kid. You will not have to wait 2 yrs.
     
  5. Scruff

    Scruff Well-Known Member

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    I agree with coming back to Aus as soon as possible. If you don't, it just makes you "look" bad - and you don't want that. It will work against you in the long run.

    This is not assault and you have nothing to worry about in that regard. Once you ask someone to leave your property, you are entitled to use "reasonable force" to remove them if they do not comply. What you did was very reasonable and was not in any way excessive.

    This on the other hand, is a different story entirely...
    For the father, s23 VIC Summary Offences Act "Common Assault" at the very least.
    For the mother, s9(1) VIC Summary Offences Act "Wilful destruction, damage etc. of property". The title doesn't suggest it, but trespass onto a "private place" is covered by subsection (e). Also, for the purpose of that section, being the mother of the child does not give her a legal right to enter the property without the consent of the occupier (you) and that consent was clearly refused. This is further backed up by the conversation that you had with the Police 30 minutes after you picked the child up. The Police were obviously of the opinion that the child was perfectly safe, otherwise they would have been there long before the mother showed up. The mother therefore doesn't have a leg to stand on in regard to entering the property without consent or removing a child from the property by force.
    This is an extremely serious offence for whichever one of them was driving the vehicle.

    In the circumstances, both of them should have been charged. You stated that you "went to the police and applied for an intervention order against her father". That's the right thing to do, but did you also report the assult, trespass and the second assault with the motor vehicle? If not, it may not be too late. How long ago did this happen? Do you have photos of any injuries, bruises etc? (If not, the hospital may have records of this.) Were there any other witnesses?

    Don't blame the system; forget about idiots like Julia Gillard; and most important - never run. The problem here is the ex and her family, not the system or ex-politicians. Like anywhere else, if people violate your rights, you may have to fight to protect them. This is one of those occasions and it's no different in Australia to anywhere else. You just need to be strong and willing to stand up for yourself. So again, never run.

    The most important thing is that you have a right to have a relationship with your child and your child has a right to have a realtionship with you. And that is what you are fighting for. So don't forget that this isn't just about you, the ex and her family. This is also about your child - and that is always worth fighting for.
     
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    #5 Scruff, 18 December 2018
    Last edited: 18 December 2018
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