VIC FVO

[BBBBB]

Hello, I will be very brief
Recently had a directions hearing re Ext FVO, I was not represented , Ex was.
Initial application to extend the Ex contested, so I had to file betters and particulars document.
With clear proof of breaches, however at Directions hearing, Ex consented with the stipulation of 6mth time frame.
This is very concerning to me , if he genuinely doesnt intend to cause me more harm, what difference does time make.

 

[Rod]

You did not have to agree to 6 months. Are any children involved? Family Court orders?

Though you can apply to extend the FVIO closer to the 6 month's mark.

Did the police charge the ex for breaches of the interim order?

 

[sammy01]

What difference does the time make? well. Let's take another perspective... Should it last forever???? It kinda does btw. If he harms you in the future he will be charged and the AVO will be part of the history.
OR - He wants it to be as brief as possible so it can end and he can move on with his life without fear of accidently bumping into you at the shops and being breached.

 

[BBBBB]

Hello, I will be very brief
Recently had a directions hearing re Ext FVO, I was not represented , Ex was.
Initial application to extend the Ex contested, so I had to file betters and particulars document.
With clear proof of breaches, however at Directions hearing, Ex consented with the stipulation of 6mth time frame.
This is very concerning to me , if he genuinely doesnt intend to cause me more harm, what difference does time make.

No, there were no repercussions for him at all, I was advised by duty layer to accept or very possibly wear the costs for contesting it.
My betters and particulars were not read and breaches, were dismissed as I had accepted,
His solicitor is very misleading with his information, for example, an interim order, doesn't exist.
If consent orders are in the process, they've already been signed and delivered.
I'm not sure how ethical that is, but it seems to be working to their advantage.

 

[BBBBB]

No, there were no repercussions for him at all, I was advised by duty layer to accept or very possibly wear the costs for contesting it.
My betters and particulars were not read and breaches, were dismissed as I had accepted,
His solicitor is very misleading with his information, for example, an interim order, doesn't exist.
If consent orders are in the process, they've already been signed and delivered.
I'm not sure how ethical that is, but it seems to be working to their advantage.

 

[sammy01]

ok, so the police have not taken this avo out on your behalf??? That means they don't think you have grounds. Just a thought...
Yup - you could be asked to pay his costs. I'd suggest you think about withdrawing the avo.

 

[Rod]

Note the default rule is each party pays their own costs for FVIOs.

Unless there are some kind of exceptional circumstances (eg court considers you have acted in bad faith or lied), you will not have to pay the ex's costs.