VIC IVO

[SamaraSam]

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 Not all things have to run to a contest and they rarely do as most matters are withdrawn at previous hearings, however the affected person has to agree to this as if they don’t it can only be settled at a contest which can be costly for both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.

 

[SamaraSam]

Somehow I don’t see police withdrawing this IVO. What’s interesting to me is they called me 3 months after the alleged breach and when I asked why it took so long to call they said they were taking witness statements. Once my lawyer got involved and said we were filing a complaint against them they backed off. Now I will definitely be mentioning this “breach” in court and will question why police backed off when they said they had witness statements. Did I breach or not. If police were certain I did breach then they would’ve pursued it. Won’t this make police look bad?

 

[Atticus]

Just trying to unpack this a bit... There appears to be two things going on here.
1) The interim IVO you have been served with
2) Your brothers fraudulent behavior relating to impersonating your father (now deceased but then in hospital)

Regarding the IVO... Unjustified? Maybe... But a magistrate needs only to be satisfied that the applicant has some degree of fear to convert it to a final order.... Extremely low bar. He set you up for a breach? maybe... But guess what,.... you sitting down >>>>> a protected person is not involved in the commission of an offence against this Act, and is not punishable as a principal offender, because the protected person encourages, permits or authorises conduct by the respondent that contravenes the family violence intervention order or family violence safety notice.

SOURCE >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 125 Protected person not guilty as abettor

At best, even proving that he intended to make you breach will have little to no affect on the outcome if the mag is satisfied that he has a degree of fear... The more emotional you are in defending yourself, the more the mag is likley to be satisfied that there is enough animosity involved to justify the order..... Even if most reasonable people agree that he deserves a smack in the mouth. It won't matter. This order is about protecting people... Even people who you & I may think don't need or deserve it .... So my advice is, try for an undertaking first, failing that, accept the thing without admissions.... What's it matter? not like you get along anyway.

Is there a will? ... who is named as executor?

Regarding the fraud .... has it been reported to police?

 

[SamaraSam]

Accepting without admission still let’s him falsely accuse me again and I can get a criminal record. That will affect my employment. It’s obvious even to my lawyer this is what he wants. I have to try to fight this. My lawyer said I have a chance. I will ask my lawyer to ask him on the witness stand if he was scared when he sent me the bills. If he says yes then why do it? He put himself at risk through his actions. He hasn’t left me alone since he applied for the IVO, not the other way around. You can’t say you’re scared of someone and go out of your way to instigate them. I know he will play the victim card. My lawyer said he will. My lawyer has not advised me to accept without admission.

 

[SamaraSam]

The link doesn’t really relate to my problem. I think that’s more for if there’s kids and the respondent goes to the family home or the AFM invites the respondent. He on 3 occasions impersonated a terminally ill and elderly man in order to execute a plan. That is slightly different to an open invitation to the family home. The first phone call was him wanting to know how to put his plan together. There was an intent to commit fraud in order to execute a plan. That’s what my lawyer and I have discussed.

 

[Atticus]

Regarding the fraud .... has it been reported to police?

?

 

[SamaraSam]

?

 

[SamaraSam]

Yes and they said no crime was committed so they advised me to apply for IVO which I did and that’s when the judge initially refused to withdraw after my dad passed away but has since been struck out.

he’s also been reported for Centrelink fraud in February and May of this year but those investigations take many months

 

[Atticus]

Yes and they said no crime was committed

So when you say it was your brother impersonating your father, is that just your assessment or did the utility companies agree?

 

[SamaraSam]

While he was on the phone with them he gave them a mobile number to send him a code and it was his mobile number of more than 10 years. A bit strange if someone had his mobile at that particular moment