VIC IVO conditions clarification

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Countryboy

Well-Known Member
12 June 2021
19
0
71
Hello,

Could someone please help me clarify the conditions below?

I would like to know if I am allowed to contact the protected person directly for general purposes via mobile phone (call or text).

1. Commit family violence against the protected person(s).

2. Intentionally damage any property of the protected person(s) or threaten to do so.

3. Attempt to locate, follow the protected person(s) or keep her under surveillance.

4. Publish on the internet, by email or other electronic communication any material about the protected person(s).

5. Approach or remain within 5 metres of a protected person.

6. Go to or remain within 200 metres of ____ or any other place where a protected person lives, works or attends school/childcare.

7. Get another person to do anything the respondent must not do under this order.

8. The respondent may:
(a) do anything that is permitted by a FAMILY LAW ACT ORDER a child protection order or a written agreement about child arrangments; 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 the 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.

Thank you very much
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
I would like to know if I am allowed to contact the protected person directly for general purposes via mobile phone (call or text).
(c) communicate with a protected person through a lawyer or mediator
(a) do anything that is permitted by a FAMILY LAW ACT ORDER a child protection order or a written agreement about child arrangements

(c) would suggest not.... However, if you have a Family Court orders that allow it, then communication as per those orders may be okay, ie, if the FC order says calls or text is okay to discuss children, then don't call ot text to discuss anything else...

A call to the police who served the IVO to clarify is what I recommend you do .... They are supposed to make sure you fully understand your conditions when they serve it ..... Breaching an IVO is a criminal offense. Better to check with them
 
  • Like
Reactions: Countryboy

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
I think Atticus failed to hit the 'click to expand' feature.
The bit that suggest to me that you must not contact the applicant is:
8. The respondent may:
(c) communicate with a protected person through a lawyer or mediator

So that suggests pretty clearly that any communication other that through a solicitor is gonna be a breach.
 
  • Like
Reactions: Countryboy

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
Hello,

Could someone please help me clarify the conditions below?

I would like to know if I am allowed to contact the protected person directly for general purposes via mobile phone (call or text).



Thank you very much
1. No. Don't contact them.
2. What do you even mean by "general purposes"?
 
  • Like
Reactions: Countryboy

Countryboy

Well-Known Member
12 June 2021
19
0
71
Thanks for all your replies.

General purposes mean general communication between me and my wife, any topic, not necessarily mediation. Certainly not committing family violence while doing so.

My wife wants to talk and reconcile.

I am confused because I thought I was not allowed. However, my ex-lawyer kept saying that I was allowed to talk to the protected person on the phone without explaining further.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
WARNING BELLS WARNING BELLS.
Do not contact her for any reason. NONE. IT will be a breach of avo. So she wants to reconcille now. Ok, nice, good oh. But let's say there is an argument in a month and she has phone evidence of you calling her? You're stuffed.

If she wants to reconcille, she can front the magistrate and seek amendments to the avo and until that happens you do nothing. You get a solicitor to communicate to her or you risk jail.
 
  • Like
Reactions: Countryboy

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
my ex-lawyer kept saying that I was allowed to talk to the protected person on the phone
Not true .... Your wife, even being the protected person, nor her lawyer gets to decide when & how the IVO operates... You may only communicate with her VIA the lawyer.

You should not respond to her in anyway that breaches the order, or (pursuant to part d of your conditions) a family law order if you have one.
 
Last edited:
  • Like
Reactions: Countryboy

Countryboy

Well-Known Member
12 June 2021
19
0
71
WARNING BELLS WARNING BELLS.
Do not contact her for any reason. NONE. IT will be a breach of avo. So she wants to reconcille now. Ok, nice, good oh. But let's say there is an argument in a month and she has phone evidence of you calling her? You're stuffed.

If she wants to reconcille, she can front the magistrate and seek amendments to the avo and until that happens you do nothing. You get a solicitor to communicate to her or you risk jail.
Thanks, sammy01. Agreed. Too dangerous.

Not true .... Your wife, even being the protected person, nor her lawyer gets to decide when & how the IVO operates... You may only communicate with her VIA the lawyer.

You should not respond to her in anyway that breaches the order, or (pursuant to part d of your conditions) a family law order if you have one.
Cheers Atticus.

Sorry about my writing. It was my lawyer (not my ex's lawyer) who helped me with another matter. He and his associate both insisted that the IVO allowed me to contact my wife on the phone.

It seems like everyone here agree that I must not contact her directly.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
If she wants to reconcile, then she can start by applying to the court
for the Order to be withdrawn.
Nothing else "counts", and as others have said, any other scenario is "trouble"