VIC Intervention Order by Police - Can I Have it Revoked?

[Sharon Maree Lyndon]

Hi
My partner and I were in Melbourne in June 2018 and stayed at a upmarket hotel when we had a big of an argument in our room. Management came and my partner asked me to leave. Police came and arrested my partner who has never been violent towards me for the 3yrs we have been together.

We had both been drinking. The only thing was my partner broke a wine bottle and as I went to walk passed him I nearly stepped on glass so he pushed me gently so I didn't cut my feet. Police took my statement and as I did have my reading glasses the police officer wrote the statement and the read it back and I signed it. All was good with us until when we arrived back in Queensland and a week or so later police served the Intervention order and that wasn't so bad but he has now just been charged with 2 counts of assault and 1 of throwing a bottle, and this is when we realized that my statement wasn't exactly what I had told the officer.

So can I recant my statement and can I or both of us revoke the IVO? Thank you sorry it's so long but I wanted it to be all of the details.

 

[Rod]

Yes you can.

Not sure of the process and whether you can do it before court or have to wait for the IVO hearing and assault hearings. Suggest your partner starts by seeing your local community centre for some advice. He then may need the assistance of a lawyer or legal aid.

 

[Bill Murray]

I get this frequently at work...

Attend a DV scenario. Get a signed notebook statement. A few weeks later get accused of not being accurate by the aggrieved who has now made up with the respondent.

Problem is everything I do is recorded. Video and audio. We don't specifically tell anyone this...

Lawyers are generally pretty unimpressed when they realise their client completely lied to them and we have recordings of everything. Usually we get a letter or email advising us they intend to consent without admissions a few days before the hearing or alternatively a notice that the firm no longer represents the parties.

TLDR: I don't believe you. We get no medals for DV orders. There is no reward for putting them in place. They're annoying. We don't avoid doing them and will 100% do them if justified but we're never going to stretch the facts to get a DV order...

Go hostile as a witness. Expect to have your credibility destroyed.

 

[Sharon Maree Lyndon]

By the way, I think I know my partner better than you and he has never hurt me in any way shape or form. We did not split or separate - we are engaged and happily planning our wedding, which is in September.

So sorry but I think I know what a dv relationship is as I was in one for 15yrs to the point the cops in QLD let my ex breach his orders over and over and was on my death bed twice, so please excuse me but I think I have a bit more knowledge about what a DV order is and the people they deserve to have them and I know what I said and I know what happened and what is in my partner's brief is as far from the truth and I will swear on a bible etc. to prove that.

So thank you for your comment but I think I know a bit more than you about a DV.

 

[Bill Murray]

Swear it then.

Have your partner contest the order and go not guilty on the assaults.

If what you say is true then he'll win all 4 without any issues and you don't need any advice. If what you say is true then they can't possibly have audio or video recordings or any evidence so he won't even need a lawyer. It'll be childs play.

 

[sammy01]

Hey, don't bother attacking people that are giving their time to give you opinions. You don't have to like the opinion but like the fact that old mate took time out of his day...

So - when the cops came to the room - did you say that all is great? Nothing to see here, we accidentally dropped a bottle of plonk and it broke... Or did you tell the cops he broke it and it was not intentional and he pushed you? Oh and who called the cops? You or the hotel?

See your story just doesn't make sense... Sorry, but look at it from outside - There is an argument, the cops get called, so this is more than a conversation about whether rice bubbles are better than coco-pops.

When the cops arrive there is a busted wine bottle... Cops are gonna make some pretty reasonable assumptions. He pushed you? That is DV... Oh no, he was saving you from the glass bottle that accidentally got broken? Nope, looks more like violence...

And I'm thinking you just might not know as much as you think. Sure you might know lots about being a victim and for that you have my sympathies. But a cop telling you how the world of police dealing with DV works, is worth you respectfully paying attention to. See lots of victims of DV call the cops, their partner gets removed and an interim IVO / AVO is create. Yay no more DV. Right?

Nope, wrong. Why the abuser threatens their partner with more violence if they don't go to court and lie and say it was all a big mistake and then the abuser gets off, goes home and beats the victim again. So the laws have been created to stop this sort of situation happening.

What to do? Be a hostile witness like old mate said… Or refuse to attend court. Don’t go. Partner can contest all charges and without your evidence the cops / police prosecutor are likely to drop the charges.

 

[Rod]

What's hard about believing a drunk person knocked over and broke a bottle of wine??

Pushing someone to stop them hurting themselves is not assault. Missing the required mens rea.

Don’t go. Partner can contest all charges and without your evidence the cops / police prosecutor are likely to drop the charges.

Aargh. No! Police can issue a warrant to arrest a witness and bring them to court.

Police also have evidence. Sworn statements they can, under certain circumstances, tender to the court without the witness.

Get proper legal advice.

 

[Bill Murray]

I doubt a Vic magistrate would be cool with even the Agg not attending.

In QLD for DV, we subpoena the Agg. Go hostile and fail to appear and we always tender the sworn affidavit. Even if we don't have an affidavit from the Agg ours will almost always get it over the line.

Rod, the problem is that the Op's version extends credulity.

 

[Rod]

Rod, the problem is that the Op's version extends credulity.

You may well be right, and undoubtedly have far more experience than me in DVOs. For Hotel management to be involved there is likely to something left out of the OPs first post that may be relevant.

Either way - OP and partner should seek legal help if they want to avoid having the partner found guilty of assault charges. Sometimes having a legal rep talk to the prosecutor before trial can make a difference.

 

[Bill Murray]

I'd add that even if he is intending on going guilty he should still get legal advice.