VIC Do I Need Lawyer for Alleged Breach of Intervention Order?

[Litesh]

I am currently on an interim Intervention Order, and I have had the police call, asking me to come down to the station to answer allegations of breach. Do you recommend I get a lawyer?

They have not said what the allegations are. Also, my hearing is scheduled for early next week. I would like to contest but now, the cost involved in lawyer fees is going to be an issue for me. Varying the order i.e I can see my kids and live at home and commit to no further breaches.

P.S. I was under the IVO last year and the order was changed by my wife where I can stay at home and see the kids. It's the same order re opened. Most of the allegations I feel are hearsay.

 

[sammy01]

I think go to the police station. They will either arrest you or they will warn you and a solicitor won't make any difference.

Forget contesting the thing. Ask for it to be amended so you can communicate in writing about the kids. Mate, you're on a hiding to nothing. Either you need to learn how to behave with your wife and stop being abusive or learn to understand that it is really easy to get an avo and make it stick. But the fact that there has already been one AVO means I reckon you've got stuff all chance of getting the current one dropped.

 

[fbueller]

I agree with sammy but I would suggest that if you think the allegations are unfounded to consider speaking to a lawyer.

If it were me I'd do as the police have asked by going to the station.

 

[Litesh]

Thanks. I have been to the police and charged breaching the order and in court this Friday.

 

[sammy01]

just out of interest, what are you accused of doing to breach? And let us know how you go in court.

Mate, if this is the second avo, I reckon either you need to have a think about the relationship or think about your actions. Yep, AVO's are insanely easy to get but if the relationship has this much conflict, you're better off sorting yourself with family law so you can see the kids because ongoing criminal law stuff via avo's is gonna cause you heaps of grief and you could wind up in jail.

 

[Litesh]

I was at the property day after the IVO when no one was there, and then out of the blue a locksmith and my partner pitch up. Point taken about sorting myself out, currently undergoing counselling through SECADA, and I am desperately trying to get on a Men's behaviour Change program.

Also, DHHS says I can see kids through supervision (Family member possible) have not heard back from DHHS about the details yet, just been few days since I last seen them.