VIC Intervention Order Due to False Statements from Ex?

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Andrew3001

Active Member
13 December 2016
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My ex-partner and I dated and separated after 4 months when she decided to apply for an Intervention Order or IVO (as she met someone else and didn't want me to find out). She then withdrew the allegations and we dated again for a further 18 months. She has once again taken an Intervention Order (that I think is for the same reason) which I breached in sending a few emails asking why again (non-threatening).

I have seen the charge brief and my ex-partner in one statement makes mention to the first IVO which she withdrew and that I have continued to contact her, however, makes no mention we continued dating after the first IVO was withdrawn. In another statement, she claims we caught up 12 times over 2 years. And in the third statement she claims the relationship ended 4 months earlier then when we did.

In the police statement summary, they claim we broke up 8 months ago.

As I write this, we only split 6 weeks ago. I am in Victoria. I think these dates are important, so can this be considered misleading statements? Do I approach police before my hearing? Do I wait until my hearing or is this considered misleading?
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
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46
719
Victoria
lawtap.com
My ex partner and I dated and separated after 4 months when she decided to apply for an IVO (as she met someone else and didn't want me to find out). She then withdrew the allegations and we dated again for a further 18 months. She has once again taken an IVO (that I think is for the same reason) which I breached in sending a few emails asking why again (non threatening). I have seen the charge brief and my ex partner in one statement makes mention to the first IVO which she withdrew and that i have continued to contact her, however makes no mention we continued dating after the first IVO was withdrawn. In another statement she claims we caught up 12 times over 2 years. And in the third statement she claims the relationship ended 4 months earlier then when we did. In the police statement summary they claim we broke up 8 months ago. As I write this we only split 6 weeks ago. I am in Victoria. I think these dates are important, so can this be considered misleading statements? Do I approach police before my hearing, does my lawyer, do i wait until my hearing or this isn't considered misleading?

I would not approach the police in advance as it is better to use it to discredit your ex-partner if you contest. However, as you are charged with breaching the order, the main factor initially will be whether there was an order in place and has there been a breach (breaches).

Tony Danos, Melbourne Lawyer: Book Online | LawTap
 

Andrew3001

Active Member
13 December 2016
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Yes, there was an interim order in place. And I did breach it as she turned the courier away twice with her belongings so I sent an email advising it's her stuff, can she please accept it. Also another email and text very politely asking why the IVO again. And she reported me to the police, when those statements were made.

There are also some other emails she claims are from me but I think she sent them to herself. So now I have been charged on various counts.
 

Andrew3001

Active Member
13 December 2016
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And just to add the reason I was wanting to go to the police was to helpfully have her charged with making a false statement and false report to mislead police into Investigating breaches when she hasn't disclosed all the facts. And hopefully the judge can see the breaches were not of a threatening nature and throw it out. Which would then support my contest for the IVO to be thrown out
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
303
46
719
Victoria
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And just to add the reason I was wanting to go to the police was to helpfully have her charged with making a false statement and false report to mislead police into Investigating breaches when she hasn't disclosed all the facts. And hopefully the judge can see the breaches were not of a threatening nature and throw it out. Which would then support my contest for the IVO to be thrown out

It is highly unlikely she will be charged with making false report. The facts she leaves out may assist your case by discrediting her.
 

Andrew3001

Active Member
13 December 2016
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It is highly unlikely she will be charged with making false report. The facts she leaves out may assist your case by discrediting her.
That would be a shame, as I still don't know why I have the IVO and I am sure she really played up the victim part as she has done both times in court - too scared to enter the courtroom and 2 weeks later, drops it and we are dating.

This whole system is wrong. I mean after 2 years - yes I was dumped via a text message, so I call and message to find out what has happened without success because I was blocked without even a response from the ex and then get landed with an IVO a week later saying "I have known the respondent for 2 years and separated 4 months ago, he continually messages and calls me"

And now I have charges because of the breach, and I haven't even raised my voice. I have over 300 pages of sms, facebook messages, 3,000 phone calls. And not one of them is derogatory, spiteful, or threatening. It's unbelievable how this can happen in this country - twice!

Thanks for your help Tony, I appreciate your honesty
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
303
46
719
Victoria
lawtap.com
That would be a shame, as I still don't know why I have the IVO and I am sure she really played up the victim part as she has done both times in court - too scared to enter the courtroom and 2 weeks later, drops it and we are dating.

This whole system is wrong. I mean after 2 years - yes I was dumped via a text message, so I call and message to find out what has happened without success because I was blocked without even a response from the ex and then get landed with an IVO a week later saying "I have known the respondent for 2 years and separated 4 months ago, he continually messages and calls me"

And now I have charges because of the breach, and I haven't even raised my voice. I have over 300 pages of sms, facebook messages, 3,000 phone calls. And not one of them is derogatory, spiteful, or threatening. It's unbelievable how this can happen in this country - twice!

Thanks for your help Tony, I appreciate your honesty

That's ok. I presume you have a lawyer who can represent you.
 
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sammy01

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27 September 2015
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I'd accept the AVO without admission and I would not waste money on a solicitor. Accepting without admission is easy and free. If she happens to contact you afterwards you can call the cops and ask them to investigate. Mate, she sounds like a nutter - best thing you can do is have a no-contact order..... It works both ways - she should not contact you and if she does hang up / do not respond.

There are no criminal implications for having an AVO against you unless you have a gun licence....
 

Andrew3001

Active Member
13 December 2016
5
0
31
I'd accept the AVO without admission and I would not waste money on a solicitor. Accepting without admission is easy and free. If she happens to contact you afterwards you can call the cops and ask them to investigate. Mate, she sounds like a nutter - best thing you can do is have a no-contact order..... It works both ways - she should not contact you and if she does hang up / do not respond.

There are no criminal implications for having an AVO against you unless you have a gun licence....

Thanks sammy01.

Well I did look up the rules for providing an FV intervention order and the court can make intervention orders to protect people who have experienced violent, threatening or abusive behaviour. and I haven't even come close. However, she does say in a the charge brief statement that she 'feels unsafe incredibly unsafe' because I texted her to say the courier is on the way again with your things, C'an you please not be difficult and accept it so we can both move on?' Hmmm...