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SamaraSam

Well-Known Member
1 October 2020
27
0
121
I got served with IVO police applied for on behalf of my brother who was living in my dads house while he was sick in hospital. My dad has since passed away. When I went one night to get clothing for my dad I couldn’t get in the house and a verbal argument took place. A few weeks later I got a call from police to pick up IVO. He had falsely accused me of family violence and said this has been happening for years. This isn’t true. I’ve never been spoken to by police or arrested. I had my dads POA at the time. End of December I got over 1k worth of bills in my dads name. I used POA to find out what happened. I was sent 3 recordings of my brother calling elec company pretending to be my dad. He called first time, applied for IVO next day, called them another two times. In the third call he closed the account and gave them my address and sent me bills. He has said to police he is scared of me but then why send me bills? I believe he was trying to set up a trap for me to breach the IVO. I will use the recordings in my defence which prove he is a liar and a fraud and sent me the bills to get a reaction out of me to get me to breach. He didn’t want to pay over 1k in bills. He has made false statements about me which I can prove are false. He also falsely accused me of breaching IVO and police threatened to arrest me but my lawyer successfully argued no breach occurred and police backed off. I want to know if the recordings, proof I have he’s lying and false accusation of breaching IVO will help me with contesting IVO and win.
 

Gameofthrones

Well-Known Member
7 June 2020
23
0
121
Hello, as I believe you are in Victoria like me, IVOs are a red hot issue at the moment due to increase in family violence with COVID restrictions. I have a 6 month wait between mentions hearing and directions hearing. So you could find yourself in a for a long wait to contest the matter. I have been told it could cost me up to $15,000 to contest my matter once you include lawyer costs to try and resolve matters in between also (such as financial matters and in my case child access). If your brother has a solicitor this may help as both legal representatives can talk to one another to try and settle. A solicitor can assist with outstanding financial matters too. You said a verbal argument took place, this may be enough based on balance of probabilities for you to be unsuccessful in a contest, how ridiculous this may sound. Magistrates are conservative presently with these matters and it unfortunately is up to you to prove that his versions of events are false. I am contesting my matter as It has implications for my work. I am not contesting for access to my children as I am dealing with a vindictive person who is out to destroy me and told me several times before my IVO if I left her I would never see my children again. Vindictive people are always looking at ways of getting back at you at act recklessly so my advice is to keep the emotional content out of the battle through trying to settle outside of court with a solicitor which may be the cheaper option. Don’t accept without admissions until you try this first as once you accept you can’t bring the matter back to court.
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
Hello, as I believe you are in Victoria like me, IVOs are a red hot issue at the moment due to increase in family violence with COVID restrictions. I have a 6 month wait between mentions hearing and directions hearing. So you could find yourself in a for a long wait to contest the matter. I have been told it could cost me up to $15,000 to contest my matter once you include lawyer costs to try and resolve matters in between also (such as financial matters and in my case child access). If your brother has a solicitor this may help as both legal representatives can talk to one another to try and settle. A solicitor can assist with outstanding financial matters too. You said a verbal argument took place, this may be enough based on balance of probabilities for you to be unsuccessful in a contest, how ridiculous this may sound. Magistrates are conservative presently with these matters and it unfortunately is up to you to prove that his versions of events are false. I am contesting my matter as It has implications for my work. I am not contesting for access to my children as I am dealing with a vindictive person who is out to destroy me and told me several times before my IVO if I left her I would never see my children again. Vindictive people are always looking at ways of getting back at you at act recklessly so my advice is to keep the emotional content out of the battle through trying to settle outside of court with a solicitor which may be the cheaper option. Don’t accept without admissions until you try this first as once you accept you can’t bring the matter back to court.
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
thank you for your reply. There is nothing to sort outside of court. My bro had tried to set me up to breach the order. I have recordings of when he impersonated my dad and sent me all the bills. He did this after he applied for IVO. If there was genuine fear then why go to all the trouble of impersonating dad 3 times? What will his defence be when the recordings are played in court and my lawyer asks how he could set me up like that if he’s scared? Was he hoping he would get a reaction and then have me charged? Where is the fear?Also he has made statements I physically assaulted him a few years ago and I have a video of that night and the moment the police are being called and he has no injuries in his face etc. He said I punched him. Another lie. He has a history of lying. You really think a magistrate will side with him after watching the video and hearing the recordings? Plus he has falsely accused me of breaching and my lawyer told police there was no breach and they backed off. Doesn’t all of that count for something?
 

Gameofthrones

Well-Known Member
7 June 2020
23
0
121
It’s terrible to be falsely accused of something, and I certainly know how that feels. With an IVO contest you have the right to cross examine with a barrister. These matters often settle before then, which the court prefers, at either one of the previous two hearings when legal reps from both sides can discuss the facts of the case. When is your next hearing? is it a mentions hearing?
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
The next hearing is in February and it’s a directions hearing. My lawyer thinks he did this to keep me away from the property so that he can take it over once dad passed away. In the recordings he called the first time pretending to be dad and said he wants to put utilities in his son’s name and wanted to know how to do it. Next day he applied for IVO. His next call was two weeks later. Why wait so long? Because he waited until police notified him I picked up summons. Then he called the second time and tried to close the account. By that time I’d given them POA so he couldn’t close. He then created a fake email in dads name, registered online and called back third time. In the third call you can hear him give them my address. You think that sounds like someone who is scared and needs IVO? He went to a lot of trouble to try to set me up. Plus he tricked my dad into signing Centrelink nominee form to have my dads pension paid into his account and he also did this after he applied for IVO because I was looking after dads finances. You think a judge will see all that and say yes he needs IVO? Especially after watching the video that proves my innocence? Why the need to lie so much if he’s a victim?
 

Gameofthrones

Well-Known Member
7 June 2020
23
0
121
Sounds like you are dealing with a highly motivated person with ulterior motives at play. The IVO hearing with only deal with issues of personal safety and family violence, and the magistrate will likely recommend that you seek legal advice relating to the other matters. That’s why it might be in your best interests to seek resolution through your lawyer as you have evidence that he may not want heard in a court contest. The problem is that if you are successful in a contest, you have spend money on a lawyer and barrister before then. This money may be better spent in the interim to have your lawyer write letters to him (on your fathers behalf)indicating the evidence you have in relation to the financial deception. You can’t request he drop the IVO or negotiate around this, this may have to be dealt with at the next hearing if both legal parties can discuss the matter and that’s if he has a legal rep acting for him. Magistrates do want these type of matters resolved before contests. Don’t obviously breach the order by any means as the Magistrate will want to see that you can stay away, act civilly and follow the order. What you have to remember also is that once the IVO is settled if he is the revengeful or spiteful type he could easily get another one out if he baits you or if you get into an argument again. How long do you want to have to worry about this type of action. Your contest may not even been until possibly June or latter so use the time in between if you have the evidence to take legal action with the financial matters. Centrelink may be interested to in what has occurred, but any action you take now may seem as vindictive or action taken to try and force his hand at dropping the IVO so lean on your lawyer for follow up action is my advice. That is what I am doing in relation to my unresolved financial matters as I don’t want my contest turning into a “he said she said” scenario. I was set up too however I have found people that are focused on money are usually the vindictive and revengeful type and the only thing that generally stops them in their tracks is realising that they have overstepped and possibly done something illegal.
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
The next hearing is in February and it’s a directions hearing. My lawyer thinks he did this to keep me away from the property so that he can take it over once dad passed away. In the recordings he called the first time pretending to be dad and said he wants to put utilities in his son’s name and wanted to know how to do it. Next day he applied for IVO. His next call was two weeks later. Why wait so long? Because he waited until police notified him I picked up summons. Then he called the second time and tried to close the account. By that time I’d given them POA so he couldn’t close. He then created a fake email in dads name, registered online and called back third time. In the third call you can hear him give them my address. You think that sounds like someone who is scared and needs IVO? He went to a lot of trouble to try to set me up. Plus he tricked my dad into signing Centrelink nominee form to have my dads pension paid into his account and he also did this after he applied for IVO because I was looking after dads finances. You think a judge will see all that and say yes he needs IVO? Especially after watching the video that proves my innocence? Why the need to lie so much if he’s a victim?
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
The fraud was dealt with when police instructed me to take out IVO on my dads behalf which I did. My dad then passed away and my lawyer requested the magistrate withdraw and the magistrate refused. I then emailed the court and said this IVO is no longer needed and they withdrew. You really think the magistrate will completely disregard the trap he tried to set up for me, the video proving my innocence and the false accusation of breaching and say yes he needs the IVO? You really think that a person who is prepared to tell so many lies will win? If I was the magistrate and I heard the recordings, especially the recording where he gives them my address I would say WTF!! He was liable for those bills because he was living there incurring that debt but he tried to set up a trap. How on earth could he sit in court and defend his fraud? Also, we believe he will lie in his affidavit. Plus the night the argument occurred he said I physically attacked him when I wasn’t even in the house. I called the police four times that night and they didn’t turn up. I have my phone bill. Why would I physically attack someone and call the police four times? Can you see already there’s a history of lying. He’s set up a fake email address already in my dads name and could do that in my name and send himself emails. You think a magistrate will side with police?
 

SamaraSam

Well-Known Member
1 October 2020
27
0
121
Sounds like you are dealing with a highly motivated person with ulterior motives at play. The IVO hearing with only deal with issues of personal safety and family violence, and the magistrate will likely recommend that you seek legal advice relating to the other matters. That’s why it might be in your best interests to seek resolution through your lawyer as you have evidence that he may not want heard in a court contest. The problem is that if you are successful in a contest, you have spend money on a lawyer and barrister before then. This money may be better spent in the interim to have your lawyer write letters to him (on your fathers behalf)indicating the evidence you have in relation to the financial deception. You can’t request he drop the IVO or negotiate around this, this may have to be dealt with at the next hearing if both legal parties can discuss the matter and that’s if he has a legal rep acting for him. Magistrates do want these type of matters resolved before contests. Don’t obviously breach the order by any means as the Magistrate will want to see that you can stay away, act civilly and follow the order. What you have to remember also is that once the IVO is settled if he is the revengeful or spiteful type he could easily get another one out if he baits you or if you get into an argument again. How long do you want to have to worry about this type of action. Your contest may not even been until possibly June or latter so use the time in between if you have the evidence to take legal action with the financial matters. Centrelink may be interested to in what has occurred, but any action you take now may seem as vindictive or action taken to try and force his hand at dropping the IVO so lean on your lawyer for follow up action is my advice. That is what I am doing in relation to my unresolved financial matters as I don’t want my contest turning into a “he said she said” scenario. I was set up too however I have found people that are focused on money are usually the vindictive and revengeful type and the only thing that generally stops them in their tracks is realising that they have overstepped and possibly done something illegal.