VIC Directions Hearing - Contesting Intervention Order

[Kikenit]

Hi All, here looking for advise on what to do

Im contesting an extension to an intervention order made against me from my sister, there is an interim order already in place, while court process is happening.
At the last hearing the magistrate asked the applicants private lawyer to send me a summary of the allegations and reason for her application.
Her lawyer was 2 months late delivering it, i had to message him to get it. And it was just an unsigned thrown together word document.
The allegations on it are also nonsense, some are serious but still not true as i have not seen or spoken to my sister in 10+ years.

Relating to the initial order made, i was investigated by the police, the interview lasted around an hour, and no charges came from that. I also received a "Dear Mr" letter saying no further action would be taken.
In regards to the first order, I accepted it without admission as i didn't want to spend a day driving into the city and home over however many days fighting it, even the duty lawyer offered support in contesting it but i declined.
Also the first application was handled by the police, the police where also on the application for the extension but they never appeared at court, and it appears sister now has a private lawyer.

Also the reason im contesting this time is that im worried my sister will keep applying for extensions every year, even though as i said there's been no contact from me in 10+ years. Im guessing she now also has my home address whereas before i don't believe she did. So now she can stalk/harass me if she likes.

So next hearing is a directions hearing, all i have to submit is the letter from the police, do i just bring that to court, does in need to be filed/lodged in a special way and should i write up and get an affidavit denying her allegations? And is there a special way to file that. Im not sure whether i can just turn up to court with them and just hand them in during the hearing.

Any advise appreciated.

 

[Atticus]

Also the first application was handled by the police, the police where also on the application for the extension but they never appeared at court, and it appears sister now has a private lawyer

Have you spoken to police prosecution? ...... Is it possible the police have told your sister they no longer consider the order necessary hence the lawyer being engaged.

 

[GlassHalfFull]

I guess the police investigating and deciding no further action was necessary doesn't mean the IVO wasn't necessary though. Police were referring to charges when they said no further action, if I understand what you've said correctly. Police may well have thought you didn't break any law, but that doesn't mean they didn't have reason to support an IVO against you. You seem to be conflating two separate issues.

 

[Kikenit]

Have you spoken to police prosecution? ...... Is it possible the police have told your sister they no longer consider the order necessary hence the lawyer being engaged.

Was no police prosecutor last time i was at court, just the private lawyer. The magistrate asked why the police wernt there, her lawyer said that he was handling it now. Im not sure if he has been appointed by the police as there too busy, who knows.
I figured out to file documents, i just email them to registrar with case details and they file it, so magistrate can see it at next directions hearing

 

[Kikenit]

I guess the police investigating and deciding no further action was necessary doesn't mean the IVO wasn't necessary though. Police were referring to charges when they said no further action, if I understand what you've said correctly. Police may well have thought you didn't break any law, but that doesn't mean they didn't have reason to support an IVO against you. You seem to be conflating two separate issues.

Yes, im aware of that. But the letter from the police, and what appears to be there dropping support for her intervention order against me, should work in my favor.
If i dont contest it this time, sister will just keep applying for these orders every year.
I have had no contact with her for 10+ years, the whole situation is just a headache for me.

 

[GlassHalfFull]

Well, perhaps. Dropping support for an extension to the order implies you haven't done anything to justify it being extended at that time. It doesn't necessarily mean you haven't done anything since that letter. It all depends on what the latest IVO application contains I guess. But yes I can understand your frustration. Better justification should be required for an interim IVO in the first place. Ideally the judge should hear both sides before making an order. It's all gotten quite silly.

 

[Kikenit]

Well, perhaps. Dropping support for an extension to the order implies you haven't done anything to justify it being extended at that time. It doesn't necessarily mean you haven't done anything since that letter. It all depends on what the latest IVO application contains I guess. But yes I can understand your frustration. Better justification should be required for an interim IVO in the first place. Ideally the judge should hear both sides before making an order. It's all gotten quite silly.

It is silly and thats how id like to treat the situation.
If she is having to pay for her own lawyer now, Id be happy to drag this out, and have her waist her own money.

Do you know if i should also file a statement denying her allegations for the directions hearing or should i just ask magistrate to go to contested hearing?

 

[GlassHalfFull]

You don't usually get to speak or submit anything at a directions hearing anyway. All they do is identify who you'd like to call as a witness (if anyone) and determine how much time to allocate to your case for the contested hearing. At least that was my experience.

You've got a good point about it being a waste of her own money if she's hiring a lawyer. That's the thing about being represented by the police, it means they have nothing to lose and the respondent is up against the wall in trying to fight it since it will cost them time and money and the deck is already stacked against them as far as the burden of proof is concerned. It's unfair but that's how it is.

 

[Atticus]

Im not sure if he has been appointed by the police as there too busy, who knows.

Police don't outsource like that.... They have their own prosecutors. If the police P isn't there i'd say it's either because they don't support an extension, or your sister has decided she is better represented by a private lawyer

 

[Kikenit]

decided she is better represented by a private lawyer

Good luck with that.

Would have been good to be given details of whose representing her, i had to find her private lawyer with only a surname and google.
I did get what he was supposed to provide eventually

Also It had in last court letter
1. order that the applicant for the extension (sister) file and serve a summary of the allegations and basis of her application on (he delivered it 2 months late, i had to ask for it)
2. me to respond in writing on or before date

What does it mean for me to respond in writing?