VIC Intervention order

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Timcat54

Well-Known Member
19 September 2020
28
0
121
Victoria
I’ve had an intervention order placed on me by my next door neighbour mind you I don’t live at the property it’s a renovation project and this lady has become extremely obsessed with my husband and provokes me by sticking up her finger or waving to me or just yelling out hello so the other day she said hello to me and I basically told her to go stick it in many words. But always provokes me if she’s around her daddy or others or if I’m in my car chat ever face me but the day she faced me and I just told her to stick it and then I get a intervention order and everything on the order is completely made up and all false allegations and in the order she talks about my husband as if she’s married to him it’s very odd? I’ve seeked legal advice but I think I’ll still be getting this intervention order regardless which isn’t right at all just because I told her to stick it. And I believe all judges pass these intervention orders without a second look plus she’s added her two kids on the order which works in her favour using her own kids for her obsessed behaviour and metal behaviour. She’s attempted suicide on many occasions and has had her children taken off her and where living with her parents both her kids have different fathers both fathers have nothing to do with her and uses men for sex and money but the best part is her father thinks she’s an Angel and defends her and spends all his money on her even brought a house for her as she’s never had money due to her drug addiction and is having counseling to this day. No one talks to her in you the court and the two years we have had this property I’ve not seen a single friend visit her at all. We are good people wth morals no point been nice as she’s on mental medication has fallen asleep at work and her nickname at work is power station root. Anyway it’s all sad that this is her life but she just needs to keep to her self and not worry about my family or my husband who I believe is obsessed with. I don’t understand how she can just place an order and the judge will believe her even though I know it’s false I just need to wear it how is this fair? So I have a lawyer but I think it’s pointless in my defence. How is this a fair law? Then I go place one on her what’s the point of that ? Does it help me ? I’ve stopped going to the property. But they forget that I have the power to place anyone in the home or sell the house to anyone which I do plan on selling it’s nearly completely finished to go on the market. Any advice would be appreciated thanks
 

sammy01

Well-Known Member
27 September 2015
4,854
690
2,894
ok, look, you've sorta answered your own question... If the house is almost ready to sell and that is your plan, then sell it. There are very few ramifications for having an avo... Pretty much, security licences and gun licences are at jeopardy, but nothing else.
I'm a school teacher. My ex took one on me. It included the kids and I'm still teaching and have had to do a working with children check....

So let's run through 2 options.
1. You challenge it. You'll need a solicitor. It's gonna cost $$$. Even if you succeed, the nutter will not be forced to pay your expenses. This next bit suxs. There have been folks on this site who have challenged avo's. In one case, from memory, it took 15 months. The thing was dropt, but the interim order stood for 15 months... If he'd have accepted without admission, it would have ended in 12 moths.
Something else - look avo's get used in family law lots. One parent gets 100 access to the kids because the avo prevents the other parent from going near the kids. That isn't the case here right. So accepting without admission has minimal impact on your life
2. Accept without admission. Look, this kinda makes sense based on what you've said above.
BTW - does the interim order prevent you going to the property? look best avoided anyways, but if it does you could seek an amendment so you can go to the property.
 

Timcat54

Well-Known Member
19 September 2020
28
0
121
Victoria
Hi Sammy,
Thanks for your reply. I have a arranged a lawyer to appear for me as I honestly can’t even stand this lady or want to face her. So hopefully all goes well. Ok so I get 12 months and I sell the house in that time and what if she extendeds the intervention order after 12 months and I no longer have the property? In the order it says “go to or remain within boundary metres of her house. So what does actually mean? I can’t go to my own property? So my house is next door to hers mind you the home is owned by her mother. Plus she’s broken all Victorian covid 19 restrictions as her parents and other family members are at her house everyday plus weekends. To my knowledge she took a liking to my husband and is obsessed with him and in my intervention order it reads in an odd behaviour turning my husband against me which is very odd. We have thought about taking two intervention orders on her by myself and my husband is this even worth it ? She’s not stable at all many attempts of suicide and to write up such false accusations says it all but they the courts don’t see it that way. Do intervention even get thrown out of court surely they look at them and say this is rubbish or no because they all seem to pass through the courts which isn’t fair or right by people like me that have done nothing wrong. I don’t go to the property much at all unless I have to it’s my husband that’s doing the work. I’ve not been at the property for maybe 4 months until last week. It’s a horrible court and everyone knows your business living in a court. We just brought another block of land near by which we again have decided to just build and sell so we are no where near that lady. I truly hope she meets her match who we decide to sell the home too. Or who ever buys it. It’s very upsetting when your whole life have mortals and respect.
 

Atticus

Well-Known Member
6 February 2019
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259
2,394
In the order it says “go to or remain within boundary metres of her house. So what does actually mean?
What does that sentence in the order actually say... word for word.. Without names or identifiers
 

Timcat54

Well-Known Member
19 September 2020
28
0
121
Victoria
I don’t feel comfortable write word for word. But happy to discuss this with you privately. My concern is it sounds as if she’s obsessed with my husband and references him going against me for example she put an extension fence up and says my husband said it was ok which isn’t the case. Then she stated that I know her movements or social media etc and my husband informed her of this which again isn’t the case as I don’t have social media but Instagram with 8 people on it. Again references my husband against me. To me this is madnesses apart from all the other lies she’s added. I have a journal from 2020 to 2021 to current I’ve been at the property 18 times from last year to now. Her past isn’t great at all lots of issues. Basically I want this order thrown out and for her to mind her own business. If she’s done nothing wrong why be obsessed with myself and my husband she’s just trouble and the locals all know it.
 

Timcat54

Well-Known Member
19 September 2020
28
0
121
Victoria
Hi it only says “Go to or remain within boundary metres of (and her property address)” that’s it so what does that mean I can and can’t do ?
Thanks
 

Timcat54

Well-Known Member
19 September 2020
28
0
121
Victoria
That’s the only one I didn’t understand or might understand it differently? Just want to make sure.

I just don’t understand how anyone can get intervention orders and judges pass them all so unfair is it with myself and my husband getting intervention orders on her ?
 

sammy01

Well-Known Member
27 September 2015
4,854
690
2,894
"On the grounds of probability" NOT "beyond reasonable doubt".
These things are bloody easy to get.
So if it doesn't exclude you from going to your property then I'd suggest you accept without admission. OR spend thousands on solicitors to defend it and probably lose.
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
Hi it only says “Go to or remain within boundary metres of (and her property address)” that’s it so what does that mean I can and can’t do ?
Look ... This order is really only going to present a problem for you IF it interferes with your ability to attend your house to continue preparations for sale... SO... I'll try one final time... does the order not mention HOW MANY metres ???