VIC Multiple IVO Applications (Pest)

[BlondCharlie]

My ex partner has applied for 2 IVO’s in the space of 5 years. The first he didn’t turn up to, thrown out. The second I am currently contesting. I feel he is using the system to further perpetrate family violence toward me.
1. If we presume that this current application is “thrown out” can I ask for some sort of protection from this continuing to happen?
2. In a mention, the Magistrate asked for Further & Better Particulars to be filed by a date that has now passed, what does it mean that this hasn’t been done?

I have a current police applied IVO in place against him, which he has breeched twice, both instances are going to court soon. We have not been together or spoken for 5+ years. I just want to be left alone. Thank you.

 

[Atticus]

If we presume that this current application is “thrown out” can I ask for some sort of protection from this continuing to happen?

If it proceeds to a hearing AND the magistrate is satisfied that the making of the application was vexatious, frivolous or in bad faith, costs can be awarded against the applicant, ie, they are ordered to pay your legal costs ...

(a) the court may make an order about costs if the court decides that exceptional circumstances warrant otherwise in a particular case; or
(b) if the court is satisfied in a particular case that the making of any application under this Act was vexatious, frivolous or in bad faith, the court may award costs against the applicant.

SOURCE >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 154 Costs

Further to that, IF there is a finding pursuant to the above, you can apply for a limited or extended litigation restraint order pursuant to section 10 of the vexatious proceedings Act
VEXATIOUS PROCEEDINGS ACT 2014 - SECT 10 Applying for limited litigation restraint order

I recommend you get some specific professional legal advice if you want to proceed in that direction