VIC Intervention Order - How to See My Children?

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Sacha

Member
7 March 2015
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Hi all. I had a summons for an intervention order (restraining order). The local police said they would sort it out and amend it so I can continue 50/50 care of children and said I could turn up to the hearing if I wanted, however really seemed casual.

I then had news from the DHS (Department of Human Services) that they had interviewed my children and had no problems with them staying with me. Then I find out its six months with zero contact, zero.
 

AllForHer

Well-Known Member
23 July 2014
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682
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I'm a bit unclear on a few things.

Did you attend the mention for the domestic violence order already, or did you skip it and orders were made in your absence?

And what says six months' of zero contact? Is it the domestic violence order, or is the aggrieved seeking zero contact in their application?

Do you have any parenting plans or orders in place?

Also, what is your legal question?
 

Sacha

Member
7 March 2015
3
0
1
Hi all. I had a summons for an intervention order (restraining order). The local police said they would sort it out and amend it so I can continue 50/50 care of children and said I could turn up to the hearing if I wanted, however really seemed casual.

I then had news from the DHS (Department of Human Services) that they had interviewed my children and had no problems with them staying with me. Then I find out its six months with zero contact, zero.
I'm a bit unclear on a few things.

Did you attend the mention for the domestic violence order already, or did you skip it and orders were made in your absence?

And what says six months' of zero contact? Is it the domestic violence order, or is the aggrieved seeking zero contact in their application?

Do you have any parenting plans or orders in place?

Also, what is your legal question?
I didn't attend and then recived an interim order saying I can't commit family violence be within 20 meters and all the other standard as well as not communicate in any way

I didn't turn up as the local police told me it wasn't important and he would see no problem with me seeing the kids
I then applied for leave and had section 9 removed and 12 a and c added allowing contact however her lawyer needs to agree on how that will look

My question is can I apply to have this order revoked ?
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
You probably won't have much luck having it revoked as the respondent, but I can give you some clarity about how this order interacts with parenting matters.

Domestic violence orders are ordered under state legislation, whereas the Family Law Act 1975 is federal legislation, which means it overrides it. However, a parenting order will ordinarily take a domestic violence order into consideration and make orders that address the risks to ensure the best interests of the children can be met, but protecting the kids from harm very rarely means severing contact between them and their parent.

In layman's terms, a domestic violence order doesn't stop you from seeing your kids. The court will usually just work around it. For example, if it's the parent, not the children who have been decidedly at risk, then a court might make a parenting order that limits interaction between the parents, or stipulates that changeovers must occur in a public place. It usually takes an extreme and repetitive pattern of violence to have a parent removed entirely from a child's life.

Do you already have a parenting plan or parenting orders in place?
 

Sacha

Member
7 March 2015
3
0
1
The intervention order has been amended, but she has to say when and how I can see the kids
apparently.