VIC Family Violence IVO - Directions Hearing

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riv

Member
4 June 2021
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Hi all

Just had first mentions hearing regarding Familiy Violence Intervention Order, involving my partner and daughter against myself. DHHS, child protection involved. Allegations of drug use, alcohol and other situations taken out of context, dont know how in depth I should reveal. Duty lawyer advised to contest, which I did. Court has order my partner to produce Better & further particulars and has set another directions? hearing.

I don't qualify for legal aid but cant afford private lawyer, looking to self represent.

I need help/information on what exactly is next directions hearing.
Trying to get any relevent documentaion from DHHS but hitting brick walls everywhere. DHHS basically directed me to freedom of information, who directed me to get court subpoena. Magistrates court pointed me to Form 1/IVO13 document to fill in? Anyone with experience or knowledge of filling this form as I dont wont to make any mistakes, greatly appreciated.

Also, directions hearing. What can I expected, what can I/should I need to prepare for? Any ideas or suggestions big or small will be a great help to me.

Thanks in advance, riv.
 

Rod

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I'll give some pointers once I know a bit more.

You want the IVO13 subpoena form, BUT only use it if it will help your case. You don't want material that hurts your side of the story. DHHS are not exactly known for the accuracy of the material they hold. They may say unsubstantiated allegations are 'facts'.

The directions hearing looks at progress to work out if the material has been filed. If yes, a date for the contest will be set, if not, new directions/orders are issued.

At some stage after the F&Bs are received you prepare a response. If no F&Bs are received then you prepare an affidavit.
 
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GlassHalfFull

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28 August 2018
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DHHS are not exactly known for the accuracy of the material they hold. They may say unsubstantiated allegations are 'facts'.

Ain't that the truth... I was quite disgusted by the way they handled my case in terms of allegations and substantiation. In my case, they didn't actually substantiate anything but they did apparently substantiate a 'risk' based on unsubstantiated allegations. Funny how you can twist that into anything you want when you're DHHS and effectively above the law.
 

GlassHalfFull

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28 August 2018
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Riv, I can only give you my personal experience. I was in the magistrate's court a couple of years ago with a similar (although I'm sure not similar in all ways, the allegations against me were a little different) and opposed an IVO right up to the contested hearing.

My case was between my ex and myself, with Vicpol representing her as she had gone to them and got them to apply for the IVO on her behalf. DHHS weren't involved directly in the IVO case, but they had provided my ex with a letter which advised that they had 'substantiated a risk' regarding me and my two children. That gave my ex (who had conjured up a lot of vague and twisted allegations against me - my family law lawyer called it a 'burger with the lot' because clearly the intent was to make up for a lack of substance with variety!) a bit more leverage with the magistrate. I tried to get my children taken off the IVO and that was refused, probably because of DHHS's letter.

At the directions hearing, it was a shambles. My ex had been ordered by the magistrate to provide further and better particulars weeks prior, but never provided them. In the hearing, I had the duty lawyer speaking for me but she was run off her feet and not well prepared and a bit impatient, but advised that I wanted to contest the IVO. The magistrate asked me who I wanted to call as witnesses, and wanted to identify how much time the contested hearing may require. I told my duty lawyer that given I didn't even have further and better particulars, how could I possibly advise who I wanted to call as a witness since I didn't even know what specifically I was accused OF. The duty lawyer tried to explain this to the magistrate but the magistrate wasn't particularly sympathetic and just ordered that we go to a contested hearing, and once again ordered my ex to provide further and better particulars. She eventually did (again, much later than the date she was ordered) and it was yet more burger with the lot. Mostly just random documents, text messages exchanged between us since after the IVO (since by then we had family court orders that allowed us to communicate about the children) that revealed nothing in the way of 'family violence'. Nothing that I could really use to help build a defence. A very frustrating process.

Oh, and also the magistrate told me I had to get private representation for my contested hearing as I wouldn't be able to cross examine my ex directly if I self represented. That made it difficult for me because although I wanted to contest it, I didn't want to spend huge amounts of money on representation given I already had a family court case running in parallel. What I have since learned is that legal aid by law must provide a lawyer to cross examine on your behalf. Nobody told me that. If I'd known, it may have changed the way I approached the contested hearing.

In the end, my family lawyer wrote to the police prosecutor asking for a deal in exchange for consent without admission. I'd take a further 6 months of IVO if the children were removed. By that stage, I just wanted it to be over. It took over a year to reach the contested hearing and if I had known it would be so protracted, I may have just consented without admission to the IVO for 12 months in the first place. But then again, I may not have, because when I first received it, I was so frustrated and upset given I'd done nothing to deserve it and my ex had probably just used it to help gain control over the children following our separation. Anyway, the police prosecutor accepted the deal and actually told me that they had told my ex that if she didn't accept it, they would drop their representation of her as they probably by then realised that she was just playing the victim and being difficult. They even warned me to be careful with communicating with her because she's clearly vindictive. Of course they only said that once I'd consented without admission. Prior to that point they were playing hardball.

Anyway, there you go. That's my story. Good luck with your case. The whole process of contesting an IVO seems a bit rotten in the core. There is an assumption (unofficially of course) of guilt until proven innocence. Even accused criminals are given more rights (liberty is not usually taken away until AFTER they are convicted).
 
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riv

Member
4 June 2021
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Thanks all for your inputs.
I'm starting to get a better understanding of how the system works, or doesnt work??
 
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DFC101

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1 July 2022
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I took a "consent without admission" to a false FVIO by my Ex in 2017 after she assulted me infront of the children, because the police did not believe me, she then used it in 2020 (after me sole parenting the children for two years, while she hooked herself a millionaire) then used the FVIO to destroy me in court, then to have DFFH involved in 2021 and finally have the children taken from my care (after she broke me completely with her constantly abuse), to have me be labled as an abusive, nmentally ill parent (with absolutely no proof, just allergations and hearsay), and deaming me the problem and a risk to my kids...

I was/ have been the primary parent, working from home, the house husband, looking after my kids since 2014, and pre to that a 90% involved parent anyway, always pulling my weight with them, around the house, working and providing everything for the family and my psychopath/ narc ex partner.

Nobody cares what my family have to say, what the kids have to say or about the 520 pages of evidence I have contraty to everything she and the DFFH are saying/ defaming me with. As nobody care that we have other victim's of my

16 months I have been in utter hell, legal aid Suxz, they are so busy and disinterested, I would have done better representing myself, and the DFFH are the biggest @%$&!#'ers (choose your own word) in Australia, lying, deceiving, manipulative, dishonest, setting out to destroy, belittle, uncaring, in breach of their care of duty, deliberately putting down, breaking and tormenting good innocent people who are not convicted of any crime, or there is nothing to even support anything except the word of one psychopath/ narc ex partner, who has the skills to convince police, and those DFFH @%$&!#'ers of anything.

I called the police to my property, the children's and my home 12 times, where she was abusing, tresspassing us and others, yet I am the perpitrator!???

I cannot wait to get out of the Children's Court (which is part of the problem; eg. DHHS -> DFFH -> CPS who have an office in every Children's Court, = @%$&!#'ing Mafia) and getting back into the Federal Circuit, Family Court of Australia, prove my innocence, and then sue the @%$&!# out of the DFFH and DHHS who have destroyed two years of my children's families, friends and my life, cause us horrific pain and suffering, emotional, psychological, physical and financial ruin.

I feel for anybody in our circumstance... and I know there are many, the DHHS/ DFFH/ CPS are and unsupervised, power unto themselves organisation

Check this article out: it's full on!
 
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