I am the respondent to an IVO which is set for mention next week. I plan to contest as like a lot of people on here, I’m currently going through the Family court to get more time with my child and they allegations are BS. My ex applied for an ex parte order and stated in her application that she has recorded two telephone conversations between us where I have sworn and called her a b$tch etc. Will a magistrate allow this evidence to be used as my understanding is that a telephone conversation can not be recorded without the express consent of both parties? I get that the burden of proof in a civil matter is less than a criminal matter, but what rules of evidence apply?
VIC IVO rules of evidence
- Thread starter Spanercrab
- Start date
-
- Tags
- evidence
(1) Subject to this Act, in a proceeding for a family violence intervention order the court may inform itself in any way it thinks fit, despite any rules of evidence to the contrary.
SOURCE >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 65 Evidence
But part 3(b) of that section is also says this >>> The court may refuse to admit, or may limit the use to be made of, evidence if the court is satisfied—
the probative value of the evidence is substantially outweighed by the danger that the evidence may be unfairly prejudicial to a party or misleading or confusing.
So whether the recorded calls are accepted or not, if the allegation that you called her a b*tch is put to you by the magistrate, you tell the truth .... Mitigating circumstances may be that you were provoked, or perhaps even setup.
Bottom line is, magistrates are sometimes lazy but not stupid, as she knew she was being recorded she would have been on her best behavior and possibly set out to cause you to lose your cool, so that's where that part 3(b) may be applicable. In other words, the recorded call doesn't really prove much.
Just self rep for the IVO. If a bit of name calling is all she's got then that shouldn't prevent you from time with your kid.
Similar threads
