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VIC Intervention Order - How to Deal with It and Victoria Police?

Discussion in 'Family Law Forum' started by TonyB, 13 August 2015.

  1. TonyB

    TonyB Member

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    I had an intervention order made against me by the Ballarat Police. My partner was not the applicant. a member of Victoria Police was the applicant. I have typed out the order IVO below:

    The court ordered that me the "respondent" Must not Section 1 - 8
    1. commit family violence against the protected person
    2. intentionally damage any property of the protected person or threaten to do so
    3. attempt to locate, follow the protected person or keep him/her/ them under surveillance
    4. publish on the internet, by email or other electronic communication any material about the protected person
    5. contact or communicate with a protected person by any means
    6. approach or remain within 5 metres of a protected person
    7. go to or remain within 200 metres of 138C BEVERIN STREET SEBASTOPOL
    or any other place where a protected person lives, works or attends school/ childcare
    8. get another person to do anything the respondent must not do under this order
    and then Section 9
    "The Respondent may"
    (a) do anything that is permitted by a family law act order
    (b)negotiate child arrangements by letter,email or text or
    (c)communicate with a protected person through a lawyer or mediator or
    (d)arrange and or participate in counselling or mediation or
    (e)go to home of a protected person, in the company of a police officer or a person chosen by the applicant, to collect personal property. BUT ONLY if the respondent does not commit family violence while doing so

    My legal question is: Section 5 seems to contradict section 9 (c) & (d) of the intervention order
    • Can I communicate with my partner through a lawyer or mediator?
    • Can I arrange counselling or mediation?
    • Does it have to be a specific person, or can it be a counselor of a specific kind?
    • How can I or we get the IVO varied? So I / we can have contact but just not commit domestic violence.
    I have had no direct contact with my partner but have heard she wishes to work things out so we can see each other again. All of this does not seem clear, I am at a loss of what to do.
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, parenting matters supersede intervention orders, but ensure that all communication is only about the child. If it is not about the child's care arrangements, then you will be in contravention of the orders.

    You can contact a mediator or her solicitor to organise a family dispute resolution (or mediation) to discuss care arrangements for the kids, but again, this is only about the kids.

    Does this help?
     
  3. TonyB

    TonyB Member

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    If she wants to work things out with me as i have heard on the grapevine. How do we procede
     
  4. TonyB

    TonyB Member

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    I know the police do not like me as i have lodged 2 complaints against them with the Proffessional Standards Command and IBAC.
    IBAC replied back to me with i quote "you may still be entitled to the protections under Part 6 of the PD act"
    what does this mean
     
  5. AllForHer

    AllForHer Well-Known Member

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    'Hearing it through the grapevine' that she wants to work things out isn't going to form a good enough excuse for breaching intervention order. If she wants to be in contact with you, she will need to apply to have it lifted, but that is for her to decide, and if you contact her to encourage her to do so, you will be at risk of criminal prosecution.

    For the other reference to legislation, I'm afraid I'm not familiar with Victorian state law, so you may need to contact the IBAC for clarity on this.
     

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