VIC Intervention order contested hearing

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30 January 2020
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Hello, my name is Darren and I am facing an intervention hearing next week. The allegations are false and I have evidence that shows a pattern of lies and abusive behaviour by the applicant against me.

Can you give me some direction in how to present my evidence and how to conduct myself in court. I also have the opportunity to submit cross orders against this person. It is regarding my wife and we have a 3 yr old child involved.

Is it possible to apply for legal aid in the matter?
 

GlassHalfFull

Well-Known Member
28 August 2018
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I believe it is possible but that in practice you may face some resistance from legal aid since although in theory they have legal aid for both respondents and applicants, in practice they have to see it as being in the public's interest and that tends to fall more on 'protecting victims of violence' than 'protecting victims of unfair use of the law'.

When you say have a hearing next week, do you mean you have a contested hearing or a mention? If it is a contested hearing, it sounds like you've left it far too late for legal aid, and the duty lawyers on the day very likely won't represent you in court for a contested hearing.

I had a very similar case last year, except mine was closely tied with another case in the family court too. My family lawyer had written to the police advising that I would consent without admission for a further 6 months (it had already dragged on nearly 12 months by then, so it would total 18 months - more than if I had consented without admission at the first hearing, ironically) IF my children were removed from the order.

On the day of the contested hearing, I still had not heard anything about whether this offer had been received or accepted, and I turned up at the IVO desk at court. I said that I was hoping to consent without admission but that I needed to speak to the police prosecutor about it because there were conditions (that my children be removed) that needed to be satisfied before I would agree. I was told to sit and wait and they would let me know when the police prosecutor was ready to speak to me. I asked if I could speak to the duty lawyer or have them represent me during discussion with the police prosecutor and was told very directly that duty lawyers do not get involved in discussions or negotiations on the day of a contested hearing, which I felt was disappointing considering they could well have helped.

Hours later, I was called into one of the court rooms and the police prosecutor said they had received the offer to consent to the order and was willing to accept it. I could well have fought it and won, I think, because my ex's case was very weak and the police even admitted it to me at the time. They said if she had not accepted the consent without admission, they would have dropped her case and she would have had to represent herself. She had already gone home by the time I arrived in the room with them and I think they were therefore totally unprepared to go ahead with the hearing if I had withdrawn my offer to consent without admission. Anyway, just to get it over with (the whole thing is exhausting), I did consent without admission.

That's my story anyway, with the suggestion that duty lawyers want nothing to do with contested IVO hearings, and that you aren't likely to get legal aid funding with one week's notice as there are forms to fill out and a bunch of hurdles to cross (such as being in the public interest to help you, etc) before they will commit to it. And then of course you'd have to brief them and make sure you had a barrister to represent you on the day. All with a week's notice? Unlikely.