VIC Partner Countering Intervention Order

[LEGO_Man]

Separated from wife about 4 months ago. Following 2 break ins and property damage, an IVO was put in place (Interim by VicPol, then finalised in Court). The IVO was altered down considerably from the original application.

Things have been up and down as we work through things (as expected!).

Last week, following a heated phone exchange, she came to my house and proceeded to throw stones at the house, but no damage resulted.

The Police attended twice and because I wasn't there, apparently not a breach of my IVO. They did suggest I apply to vary the IVO to prevent her coming to the house, but to also give me better access to the kids.

Today she was served notice from the Court and has rung me and has now told me that she will put an IVO against me because of my repeated threats.

Can she do that? Can she put an IVO against me when I have one against her already? I have never threatened her- in fact, part of her anger towards me is because I hang up on her and won't engage with her when she goes on the attack.

 

[sammy01]

She can apply. Will she succeed? Impossible to answer BUT I can tell you that it is much easier to get an AVO ?IVO against someone who you're living with. So since that isn't the case, she will struggle unless she has something to substantiate her claims.

 

[Rod]

Can she do that?

Yes

Can she put an IVO against me when I have one against her already?

Yes.

Will she get one? - Quite likely. Someone who is prepared to break-in and also throw stones is probably not going to have a problem making up stories about you for a court.

Because kids are an issue make sure they not included on her IVO. If they are, seek to have them removed. Recommend you go for an undertaking rather than fight or consent to IVO. Makes it easier for you if there are parenting matters before a family court (or likely to be).

 

[LEGO_Man]

Thanks to both of you- appreciate the time and feedback