VIC How to Expediting Court Hearing, regarding the IVO

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shawn smith

Member
7 May 2024
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Dear Legal Friends,

I am seeking urgent assistance in expediting a court hearing for my case. Since the initial hearing on November 2023, there have been significant delays. The second hearing was scheduled nearly five months later, and the third (potentially contested) hearing is now set for June , 2024, a total of seven months. However, there is still no clarity on the final hearing date.

Due to an interim IVO issued against me despite insufficient evidence, I have been severely restricted in my freedom, especially in my ability to communicate with my children. According to Section 59 of the Domestic Violence Protection Act, a contested hearing should be scheduled promptly after the issuance of a interim IVO. but the delays have not only violated this provision but have also caused immense emotional and practical distress.

I am concerned that the time between the initial and final hearings may exceed a year, leaving me under restrictions based on alleged charges for an unreasonably long time. This defeats the purpose of the interim IVO.

I am seeking advice on how to effectively urge the court to expedite the final hearing. What avenues should I explore? Are there any legal strategies or precedents that could assist me in this matter?
Thank you in advance for any assistance and advice you can provide.

Kind regards
Shawn
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Do you have a proceeding in the family law matter?
Do you have your own lawyer?

Sounds like an eastern court I'm familiar with. One of my clients has had an interim order to his advantage for 2 years.

You can call our office and ask to speak with me if you want advice.