Interim IVO - What are my options

[LJC]

The police took out a FVSN against me when I kicked my OH in the shins infront of them and my child. Since then I have been removed from the family home.

We attended court on Monday whereby I thought I had consented without admission. I am now able to see my child, but still not allowed within 200m of the family home. The interim order is to be heard in a mentions hearing in February.

I am not sure what this means, or what my options are. Does this mean that I contested the FVSN or just that they need more time to determine whether to drop the IVO?

Ultimately, I would like to return to the family home as my OH works shifts and I am only working part-time. He actually wanted the order dropped, but the police refused.

Thank you in advance.

 

[CSFLW]

LJC

Which state are you in?

 

[LJC]

LJC

Which state are you in?

Victoria

 

[CSFLW]

Without seeing the order, if there is another hearing in Feb it does not seem as though you accepted the order on a final basis.

Can you send us the interim order via email [email protected]

 

[LJC]

Without seeing the order, if there is another hearing in Feb it does not seem as though you accepted the order on a final basis.


Have emailed.

Thank you.

 

[CSFLW]

Thank you we responded to your email.

 

[LJC]

How do I present my information to the police prosecutor? Is there an address that I can send information to?

 

[GlassHalfFull]

LJC, just wanted to understand what happened a little better. As per above, it certainly doesn't sound like you consented. I know from experience that it's rather confusing when you are put in front of the magistrate and don't get much of an opportunity to speak or understand. However, you should have had the opportunity to speak to a duty lawyer before your hearing, were they in court with you when you attempted to consent without admission, and did they explain what happened afterwards?

I'm also confused. You say you can 'now' see your children. Were they originally named on the order, but then removed at the hearing? Did you request this or did it just happen? Or were they not named on the order? If they weren't named as protected persons, you could see them at any time, although in practice that makes it hard if your OH refuses to allow you and you are unable to do a handover due to the IVO. A bit more information might be needed, although on the other hand, it sounds like CSFLW is providing you with advice so my comments may be redundant.

 

[LJC]

I had a duty lawyer and I thought I made it clear that if the police would not agree to an undertaking that I would consent without admission.

My daughter is still on the interim order but I can see her and collect her from the family home and school etc. There is a risk assessment which will take place between now and the court date.

I have been advised to report previous DV by my OH to the police prior to this, but I am not sure if this is anyone's best interest least of all our daughter.

Just a massive mess really.

 

[Atticus]

How do I present my information to the police prosecutor?

What sort information do you want to present?.... You know the police prosecutor is acting against you right!

I have been advised to report previous DV by my OH to the police

Who advised this?