VIC IVO

[SamaraSam]

what is the purpose of writing to him? I don’t understand your point? Why spend money on writing a letter if it’s not to say withdraw because this is the evidence we have? When I went to police about the fraud they said no crime had been committed. The bro knows there’s evidence against him. There’s a reason why the judge refused to withdraw the IVO in the beginning

 

[SamaraSam]

And another thing, I’ve been verbally abused twice and received an abusive and threatening text from someone connected to him which my lawyer told police was sent on his behalf. Yet somehow the magistrate will see my bro as the victim here?

 

[Gameofthrones]

You may have grounds for an IVO yourself and request that both matters are heard together. This protects you in the interim. You might find this matter may be dropped at the directions hearing after negotiation. He still remains the protected person as the police took the IVO out first for his protection which as you mentioned was due to an argument. Unfortunately it’s up to you to prove you are not an ongoing threat to his personal safety. He only has to say that an argument took place and that his was fearful. Even if you ask for an undertaking he still needs to agree to it, but you may be able to negotiate for this. Also with COVID restrictions with my mentions I was told not to attend court as I was contesting but the applicant could still address the magistrate and put forward more false allegations so where is the fairness in that. In a nutshell you will not get the fairness you are seeking, the magistrate will always see the applicant as the victim. You can only show that you are not an ongoing threat and that is best done by staying away, not breaching the order and having your legal rep negotiate with his legal rep prior to the directions or on the day of it. I know it sucks. If it runs to a contest he will be up for high legal costs just as much as you possibly will.

 

[SamaraSam]

You may have grounds for an IVO yourself and request that both matters are heard together. This protects you in the interim. You might find this matter may be dropped at the directions hearing after negotiation. He still remains the protected person as the police took the IVO out first for his protection which as you mentioned was due to an argument. Unfortunately it’s up to you to prove you are not an ongoing threat to his personal safety. He only has to say that an argument took place and that his was fearful. Even if you ask for an undertaking he still needs to agree to it, but you may be able to negotiate for this. Also with COVID restrictions with my mentions I was told not to attend court as I was contesting but the applicant could still address the magistrate and put forward more false allegations so where is the fairness in that. In a nutshell you will not get the fairness you are seeking, the magistrate will always see the applicant as the victim. You can only show that you are not an ongoing threat and that is best done by staying away, not breaching the order and having your legal rep negotiate with his legal rep prior to the directions or on the day of it. I know it sucks. If it runs to a contest he will be up for high legal costs just as much as you possibly will.

 

[SamaraSam]

Thanks for your reply. I’ve changed my mobile number so that I don’t receive any more texts. Since the IVO was taken out he has tried to set up a trap for me not once but twice. Even my lawyer said he did that so that I could get charged potentially. He’s posted false accusations about me (the night he said I assaulted him), I’ve been verbally abused twice, falsely accused of breaching and received the abusive text. He physically assaulted someone at the hospital last year in front of my dad and hospital staff and my dad banned him from the hospital. Yet I’m the violent one? I have no contact with him but neither him nor his friends will leave me alone. What would negotiations with him achieve? I’m not willing to accept without admissions because he could falsely accuse me of breaching. I don’t think people understand that doing that is not wise. Especially when you’re dealing with a vindictive person. My only choice is to contest. I have no other choice. If it means playing the recordings and video to expose his perjury then I’ll have to. There’s no kids involved so negotiations are useless where he’s concerned

 

[Gameofthrones]

Thanks for your reply. I’ve changed my mobile number so that I don’t receive any more texts. Since the IVO was taken out he has tried to set up a trap for me not once but twice. Even my lawyer said he did that so that I could get charged potentially. He’s posted false accusations about me (the night he said I assaulted him), I’ve been verbally abused twice, falsely accused of breaching and received the abusive text. He physically assaulted someone at the hospital last year in front of my dad and hospital staff and my dad banned him from the hospital. Yet I’m the violent one? I have no contact with him but neither him nor his friends will leave me alone. What would negotiations with him achieve? I’m not willing to accept without admissions because he could falsely accuse me of breaching. I don’t think people understand that doing that is not wise. Especially when you’re dealing with a vindictive person. My only choice is to contest. I have no other choice. If it means playing the recordings and video to expose his perjury then I’ll have to. There’s no kids involved so negotiations are useless where he’s concerned

Thanks for your reply. I’ve changed my mobile number so that I don’t receive any more texts. Since the IVO was taken out he has tried to set up a trap for me not once but twice. Even my lawyer said he did that so that I could get charged potentially. He’s posted false accusations about me (the night he said I assaulted him), I’ve been verbally abused twice, falsely accused of breaching and received the abusive text. He physically assaulted someone at the hospital last year in front of my dad and hospital staff and my dad banned him from the hospital. Yet I’m the violent one? I have no contact with him but neither him nor his friends will leave me alone. What would negotiations with him achieve? I’m not willing to accept without admissions because he could falsely accuse me of breaching. I don’t think people understand that doing that is not wise. Especially when you’re dealing with a vindictive person. My only choice is to contest. I have no other choice. If it means playing the recordings and video to expose his perjury then I’ll have to. There’s no kids involved so negotiations are useless where he’s concerned

 

[Gameofthrones]

I would say if you can afford it, contest but lawyers on both sides can try and settle at the directions. Options then is to agree to undertaking that you will not have contact with him or your lawyer could put forward to his rep that to heading to a contest could not be in the best interests of both parties as you your lawyer will request further particulars of the allegations and that also you have other evidence about him that he may not want heard in court that contradicts his allegations about “feeling unsafe”. As if he feels this way why is he making threats or tying to contact you through other people. However unless this is illegal activity than a Magistrate will likely not be interested in doing anything about it. You can request an IVO online presently in Victoria without assistance from police or court clerks through the court website. That may protect you from statements made online about you and threats. You can put your evidence forward in the IVO request. Just list facts and not emotional content in it, that should be enough.

 

[SamaraSam]

I would say if you can afford it, contest but lawyers on both sides can try and settle at the directions. Options then is to agree to undertaking that you will not have contact with him or your lawyer could put forward to his rep that to heading to a contest could not be in the best interests of both parties as you your lawyer will request further particulars of the allegations and that also you have other evidence about him that he may not want heard in court that contradicts his allegations about “feeling unsafe”. As if he feels this way why is he making threats or tying to contact you through other people. However unless this is illegal activity than a Magistrate will likely not be interested in doing anything about it. You can request an IVO online presently in Victoria without assistance from police or court clerks through the court website. That may protect you from statements made online about you and threats. You can put your evidence forward in the IVO request. Just list facts and not emotional content in it, that should be enough.

 

[SamaraSam]

The police supporting were advised about the fraud when I applied for the IVO on dads behalf. Don’t think they know the extent. He doesn’t have a lawyer but police prosecutor helping. But I’m just curious if I do get a chance to play recording and video, will police prosecutor still push for an IVO? It’s kinda stupid I reckon

 

[Gameofthrones]

The police supporting were advised about the fraud when I applied for the IVO on dads behalf. Don’t think they know the extent. He doesn’t have a lawyer but police prosecutor helping. But I’m just curious if I do get a chance to play recording and video, will police prosecutor still push for an IVO? It’s kinda stupid I reckon

The way things are at the moment in Victoria anyone can pretty much apply for an IVO and you don’t need police involvement. Due to COVID they aren’t being handed out left right and centre due to lockdowns and the spurt in family violence. Not all things have to run to a contest and they rarely do as most matters are withdrawn at previous hearings, however the affected person has to agree to this as if they don’t it can only be settled at a contest which can be costly for both parties. An order becomes final at a contest after a magistrate hears both side’s evidence and makes a ruling. The court generally prefers that both parties reach an agreement before this and sometimes people cool off waiting for the contest and change their minds or are open to revoking or agreeing to undertakings after they are challenged with other evidence or requests for further particulars. Ultimately it’s up to you but Magistrate just wants to ensure there is no continuation of violence or risks to people’s safety. They are not there in these cases to decide who is right and who is wrong and that is why evidence is tested on the balance of probabilities not on proving beyond reasonable doubt. It would be interesting if the other party has a change of mind before going to contest after becoming aware of the recordings and implications. Vindictive people can be blinded by revenge and their warped sense that they have the upper hand until a smart lawyer points out that what they are seeking may open up a whole can of worms whereby their character will come into question. Contests can be brutal for both parties. Police are tied up with so other matters at the moment and they generally want these frivolous matters to be settled civilly. They prefer to focus on more serious family violence complaints and the breaches of these cases.