Terrible advice from your lawyer that could lead to criminal charges for you. I would be pushing for nothing less than her withdrawing the ivo altogether.
VIC IVO conditions clarification
- Thread starter Countryboy
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- intervention order
That's the safest approach.... Strictly speaking, you shouldn't even accept a call ot text from her to you.... Still a breach on your part even if instigated by her. As I said, she doesn't get to decide when & under what circumstances the conditions apply.
By the way, the IVO was applied by Police after my wife provided then withdrew her statement.
This order is a final order following an interim order 06 months ago. However, it does not have an expiry date on it but instead saying This order will last until further order.
Does this mean this order is indefinite?
How can I get it ended and by when (maybe after 01 year total since the interim order started in Feb)? I am thinking of two scenarios: either engaging a lawyer to fight it in 6 months time or filing a divorce.
This order is a final order following an interim order 06 months ago. However, it does not have an expiry date on it but instead saying This order will last until further order.
Does this mean this order is indefinite?
How can I get it ended and by when (maybe after 01 year total since the interim order started in Feb)? I am thinking of two scenarios: either engaging a lawyer to fight it in 6 months time or filing a divorce.
Looks like you only have an interim order, not a final.
Suggest you call our office and ask to speak with me.
Suggest you call our office and ask to speak with me.
The interim order lasted 06 months before this final order as can be seen on the paperwork.
On the first page:
On the second page:
However, I also see this:
Other than that I can not see how long this last, no other date.
I would love to but I can not afford a lawyer at this stage. Unfortunately I am the only one with a job and paying both mortgage (for our house) and rent (for myself now) together with all expenses.
On the first page:
On the second page:
However, I also see this:
Other than that I can not see how long this last, no other date.
I would love to but I can not afford a lawyer at this stage. Unfortunately I am the only one with a job and paying both mortgage (for our house) and rent (for myself now) together with all expenses.
Looks like it remains until it's revoked by court >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 99 Duration of order
So if you have no desire to reconcile you should probably file for divorce as soon as you are able, ie after 12 months separation.... Do you have kids? Any family court orders?
That is a very helpful piece of info. Thanks mate.
What a law! Until it's revoked by court >> ten years?
I doubt if the court or Police will do anything to have it removed next year.
Fortunately no kids and no family court order. We have been separated since Feb due to the IVO.
I'd like to take time and consider if we reconcile until next Feb.
Been trying so hard to get this relationship to work in the last ten years but in the end, I am the one facing charges.
Do you reckon I will be able to file for divorce after Feb 2022 and complete it together with properties separation with the IVO still in effect?
Or should I get rid of the IVO before starting the process?
What a law! Until it's revoked by court >> ten years?
I doubt if the court or Police will do anything to have it removed next year.
Fortunately no kids and no family court order. We have been separated since Feb due to the IVO.
I'd like to take time and consider if we reconcile until next Feb.
Been trying so hard to get this relationship to work in the last ten years but in the end, I am the one facing charges.
Do you reckon I will be able to file for divorce after Feb 2022 and complete it together with properties separation with the IVO still in effect?
Or should I get rid of the IVO before starting the process?
Starting separate legal proceedings is not dependant on the FVIO.
Do it at a time that is >12 months from separation and suits you.
You are outside the 30 day appeal window, though you/your wife can seek to vary the order.
Do it at a time that is >12 months from separation and suits you.
You are outside the 30 day appeal window, though you/your wife can seek to vary the order.
For the benefit of anyone who reads this in future...
Let's be clear...
Unless and until she applies for the order to be revoked,
you have nothing and you are nowhere.
The cops are done with you - until you breach the order.
They are not in the marriage-saving business, and will be no further help in that direction.
There is no prospect of the police applying for the Order to be revoked.
Don't waste your breath and effort on that angle.
And don't do anything to bring yourself to the police's further attention.
Know this - Having the order revoked is the only reliable indicator
that she is is even interested in reconciling.
Until that order goes away, nothing else is possible.
Let's be clear...
Unless and until she applies for the order to be revoked,
you have nothing and you are nowhere.
The cops are done with you - until you breach the order.
They are not in the marriage-saving business, and will be no further help in that direction.
There is no prospect of the police applying for the Order to be revoked.
Don't waste your breath and effort on that angle.
And don't do anything to bring yourself to the police's further attention.
Know this - Having the order revoked is the only reliable indicator
that she is is even interested in reconciling.
Until that order goes away, nothing else is possible.
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