VIC Respondent in Personal Safety Intervention Order Contested Hearing

[BeccaLouise]

I am the respondent in a personal safety intervention order that will to go a contested hearing in 7 months time. The applicant was the girl who bullied me in high school, mostly 2016, by excluding me and spreading really horrible rumours about me, from this I developed severe depression and anxiety issues that continue today. When high school was ending in November last year, I slipped some song lyrics into her locker that represented how what she did made me feel as I was too shy to confront her. Two weeks later in the middle of exams, I was served with the intervention order by the police. She alleges that the lyrics made her feel paranoid and scared for her safety and that I will attack her. she says I will not stop abusing her and that I have physically abusive in the past (that i beat her up), that I will not stop until she is seriously injured or dead, that I was harassing her physically and mentally outside of school and even that I once pushed her down some stairs, among other things. All of this stuff is completely untrue. She currently has an interim order against me and we are both 18 and have graduated. We went to a mention the other day where she refused both mediation and a two-way undertaking.
My questions are as follows:
1) I have several people who potentially could be witnesses, mostly school teachers but since this is very recent, I haven't asked them to be witnesses yet, is there an official process needed to make them witnesses such as official documentation or do I just ask them myself?
2) How do I get a witness summons if needed?
3) How do I get an affidavit if needed?
4) Is the witness appearing in person better or more convincing than an affidavit?
5) How important would it be for me to get a lawyer?
6) How much would a cheap lawyer cost?
7) Are there any organizations that provide free representation for these sorts of cases? I am pretty poor if that helps
8) What if her witnesses lie? I NEVER beat her up but i did once give her very soft joke punches when we were friends several years ago and I'm concerned that her friends (my old friends) are willing to lie or at least after all this time, their memories may have been altered to what she told them so they think they remember me hitting her hard when it didn't happen because of suggestive questions and memory reconstruction

 

[BeccaLouise]

Some please respond

 

[Tremaine]

First, I'm sorry for the situation in which you find yourself - bullying is a terrible curse of school life, though it most certainly shouldn't be. My first word of advice is to contact a support service like HeadSpace or Beyond Blue for counselling (if you're not seeking help already).

As to the IVO, these things are generally hard, near impossible, to contest and often not worth the time or money required to do so when the likelihood of succeeding is so low. Conduct that constitues 'violence' for the purposes of an IVO can entail nearly anything if it caused a person to be fearful, feel intimidated, or similar - even putting song lyrics that, for example, insinuate a desire to cause harm will likely constitute violence for the purposes of the IVO, regardless of whether the recipient was a bully or not (the court doesn't gamble with tit-for-tat logic; it would likely say that if your bully was making you feel scared or intimidated, you should have sought an IVO of your own rather than fight fire with fire).

For this reason, nearly all in the legal profession will suggest accepting the IVO without admissions (which means accepting the terms of the order but you don't agree or admit that you've done any of the things of which you've been accused) and just severing contact with the aggrieved. That's the suggestion I make to you, here, as well.

IVOs are not criminal matters. Having one against you is not like having a criminal conviction recorded against your name. If you breach the IVO, then it becomes a criminal matter, but it's very easy not to breach an IVO - block the aggrieved on social media and on your phone, don't call, e-mail or text them, if you see them at the shops, turn and leave the area. But by and large, just having an IVO against you in these circumstances means near on nothing - it won't affect study or employment or pretty much anything at all. In fact, having an IVO is a really good excuse to have nothing to do with your bully anymore, which might help you with the recovery process.

To answer your questions specifically, though:

1) I have several people who potentially could be witnesses, mostly school teachers but since this is very recent, I haven't asked them to be witnesses yet, is there an official process needed to make them witnesses such as official documentation or do I just ask them myself?

You just need to ask them to depose an affidavit yourself and then you can file it with your other materials.

2) How do I get a witness summons if needed?

Anyone who submits an affidavit will need to be available for cross-examination on the day of trial. You'll have an opportunity to cross-examine witnesses put forth by the aggrieved, as well. The court registrar can tell you how to go about getting a summons.

3) How do I get an affidavit if needed?

You will need to file an affidavit before the trial. You can write one yourself, but writing a good affidavit is a bit of a skill, so it's usually best to tell your story to a lawyer and have them write the affidavit for you.

4) Is the witness appearing in person better or more convincing than an affidavit?

A witness must provide an affidavit if they wish to give evidence in relation to a certain matter. They cannot simply appear in court on the day of trial, though they will need to make themselves available on the day for cross-examination. Cross-examination is where the parties question the witness on what they've submitted in their affidavit.

5) How important would it be for me to get a lawyer?

Given your age and inexperience with the law, legal representation will give you the best chance at fighting the IVO, but be prepared, even with a great lawyer, IVO applications are difficult to have thrown out.

6) How much would a cheap lawyer cost?

Legal representation in an IVO matter is usually in the vicinity of $3000, but the more complex a matter (ie multiple witnesses, etc.), the more expensive it will be.

7) Are there any organizations that provide free representation for these sorts of cases? I am pretty poor if that helps

Legal Aid may be able to assist. At the very least, they can provide free legal advice about your matter.

8) What if her witnesses lie? I NEVER beat her up but i did once give her very soft joke punches when we were friends several years ago and I'm concerned that her friends (my old friends) are willing to lie or at least after all this time, their memories may have been altered to what she told them so they think they remember me hitting her hard when it didn't happen because of suggestive questions and memory reconstruction

Lying to the court is an offence, but in practice, it isn't a charge often laid or successfully prosecuted. This is because the content of an affidavit only has to contain what the deponent believed to be true at the time of deposing the affidavit. Proving someone didn't believe something that they did say at a certain time is difficult. In IVO matters, however, cross-examination of witnesses provides an opportunity for each party to discredit the witness, ie prove their account of the incident is incorrect, inaccurate or otherwise to be doubted. That's how suspected 'lies' will be uncovered. Again, cross-examination is a skill usually best left to a lawyer.