SA Intervention Order Trial.

[harry O]

The police put interim order against me on behalf of my wife, after 5 weeks we reconciled and my wife filled in the paperwork to revoke the order, the police refused to revoke the order. My wife put in a affidavit that she did not want the order and she will not give evidence at the trial to support her original affidavit to get the order. But the judge set a trial date and told the prosecution to summons my wife to the trial.. under section 21 it states the court cannot rely on the affidavit without oral evidence of support by the protected person. There are no other witnesses.So is there any other reason that the order can be confirmed? I have to represent myself, can the order be confirmed without my wife giving evidence?
And also does my wife need to even appear in court for the trial?

P.S I was not charged with any offense.

 

[Lance]

Hi Harry,
Because the police put the order in on her behalf its their choice to revoke it as you have found out. This is actually very common because the police are very used to the protected person being bullied into dropping the order. By summonsing your wife they can get the oral evidence. I seem to recall reading that the high court had ruled that spousal privilege no longer exists. I have a feeling that she may be required to provide evidence

 

[harry O]

Hi Harry,
Because the police put the order in on her behalf its their choice to revoke it as you have found out. This is actually very common because the police are very used to the protected person being bullied into dropping the order. By summonsing your wife they can get the oral evidence. I seem to recall reading that the high court had ruled that spousal privilege no longer exists. I have a feeling that she may be required to provide evidence

Thanks Lance, but I`m looking for facts.

 

[Rod]

Harry,

You have the facts. All you get here are opinions.

Each state has their own rules of evidence and I am not from from SA. If it was Vic for instance, generally a court has discretion as to whether they'll force a spouse to give evidence. There is no loop-hole that will see the IO magically disappear no matter how hard you look for one. You have to convince the informant to drop it (unlikely), or have the court throw it out because your wife lied/exaggerated or your acts are not serious enough to warrant the IO being granted.

 

[harry O]

Harry,

You have the facts. All you get here are opinions.

Each state has their own rules of evidence and I am not from from SA. If it was Vic for instance, generally a court has discretion as to whether they'll force a spouse to give evidence. There is no loop-hole that will see the IO magically disappear no matter how hard you look for one. You have to convince the informant to drop it (unlikely), or have the court throw it out because your wife lied/exaggerated or your acts are not serious enough to warrant the IO being granted.

Myou wife not only lied but also left out crucial information in her affidavit that makes her statements look bad for me. She is willing to tell the truth at the court. But how does she go about it. I have to write questions and give them to the court for her to answer in cross examination, should I just ask her if she told lies? And if she says yes, then you think it will be thrown out just like that?

 

[Iamthelaw]

Myou wife not only lied but also left out crucial information in her affidavit that makes her statements look bad for me. She is willing to tell the truth at the court. But how does she go about it. I have to write questions and give them to the court for her to answer in cross examination, should I just ask her if she told lies? And if she says yes, then you think it will be thrown out just like that?

You will have to cross-examine your wife (ask her questions) if you're not represented and contesting the order.

I would not advise taking the route you've outlined above for a number of reasons.

Ideally you should seek proper legal advice - I'm unable to give proper advice as I don't know the full facts. However, it may be advantageous for one line of your questioning to focus on her feelings; (in an attempt to elicit) that she feels that she is not in any danger from you and does not fear you - The predominant ground for these sorts of orders is a fear or physical violence, stalking, harassment, intimidation etc.

 

[sammy01]

you are stuffed. In some states I believe they have passed laws that mean the accused (you) can not cross examine your wife because the courts consider this to be unreasonable for the victim to have to be questioned by the abuser...

NUFFINK about the avo process is helpful for normal people caught up in a barney that when to far... By no way am I advocating violence or condoning it... BUT the whole avo process catches up folk who really should never find their way into court.

My advice - accept the avo without admission. Get wifey to come along and ask for the conditions to be changed. I'm guessing you're not allowed near the house? near her? what are the conditions on the thing?

But a word of warning... If the marriage is on the rocks, leave.. Living with someone who has taken an avo out on you is bloody hard work... Plenty of people in jail right now because they tried to save the marriage, only to have an argument.. and the spouse calls the cops... You get arrested, charged, and possible spend some time inside... All because you argued, don't matter that you might have been right... Crazy way to have to spend 12 months.. And your partner will soon realise how easy it is to do it again...

I gotta tell ya mate - living with someone who was willing to make up stuff and go to the cops and get you in this much crap - I'd take that as writing on the wall that it might be time to move on.

 

[Rod]

Sammy's is one view and is more applicable when there are children and visitation issues.

If it is just you and your wife I would contest the matter, especially if the wife is genuine in not wanting the IO. It is better for you if there is no IO hanging over you.

It helps if she tells the court she will not stop living with you because she wants to and not because you want her to. The IO is about her, not you, so keep that in mind.

In SA you can submit a list of questions to the court for your wife to answer and the court will decide which ones are allowable. Keep all questions focused on your wife and what she feels. ie not afraid, genuinely wants to live with you. And that she left out some matters in police statement because of confusion/anger issues of her own.

But keep in mind that the court may still issue a IO even if the wife initiated the violence. The court will want to separate violent couples regardless of who started what, so downplay ALL violents acts even by wife.

 

[harry O]

Ok thanks for your response.

The only reason I even considered contesting the order was because my wife told me that she never asked for or even wanted an intervention order in the first place.

Some facts as I know and also what I have been told by my wife.

1. wife leaves the house and goes to the bank to close her account and open a new account, tells bank she has no new address, she tells bank she has left her husband but doesnt have a place to stay yet.

2. Bank person says she can help wife and calls emergency accommodation people.

3.Wife is picked up by police and taken to refuge.

4.Social worker says if you want to stay at refuge you have to make a police report.

5, next day police come and take wife and tell her this is what we will do, we will make intervention order so you can stay at refuge and they can help you find a more permanent place to stay, if not then we cant help you.

6. police and refuge social worker handball wife to new social worker group and give her a safe house to live in for 6 months, try to get her to file criminal charges, try to get my wages garnished, tell her to get me removed from our house and she can go back home...wife says no.no.and no.

7. wife contacts me and we talk, wife comes back home every friday and stays until monday morning about 4 weekends in a row. until then she decides to stay permanently at our house.

8. police come and remove wife from our house and return her to her safe house.


9. wife returns to our house the next day.

10. I move from our house and rent a room at my friends house and wife moves back into our house, i call police and tell them whats happening so they wont come and remove wife again. Social workers all drop off, no more contact to wife. no more contact from police.

11.Wife and myself now sleep on mattress on the floor at my friends house for the last month, nobody lives at our house which we own outright.

12. I need to mow the lawns at our house and it also has mouse infestation, so I move back into our house and wife moves to her friends house and I again inform police of the our living situation to avoid me getting breached.

13. so now we are back to where we were before, I am living at our house and my wife is staying with me every night while renting a room at her friends house and this will continue until something else happens.

14. What the hell is going on here?

This all started over 3 months ago, im just trying to avoid getting in trouble, Its not really like an intervention order its more like an inconvenience order
we can be together in our house but we can t go out anywhere together, my wife just wants to have her day in court, to tell the judge what she wants.
She has tried to have the order removed, so now it seems the only way forward is that I go to trial so that she can get her chance to speak with the judge.
I understand it doesnt matter what I say, its all about my wife and the police, im just along for the ride.
no matter what the outcome im not going back to the court again after this trial, I just have no idea about court procedure and was looking for some advice on how to go about it.

Should I make a counter affidavit? and if so what will I say?

What questions should I put to the court for cross examination?

Or should I just not turn up at court, let things stay as they are and let my wife sought this mess out on her own?

 

[Arche]

If you want any say in the outcome you would be very unwise not to go to Court.