VIC Was I Served with a Personal Safety Intervention Order?

[Katie83]

The girlfriend of someone I had a brief relationship with has taken out a personal safety intervention order against me. She has made all these claims against me that I was stalking her, etc, however she has absolutely no proof because everything she said isn’t true. It’s quite the opposite, she has been stalking me and sending messages to my family and friends.

Anyway the court date was on Tuesday last week, I chose not to attend because I wasn’t contesting it and I didn’t want to see her. On the Wednesday, I rang the court to find out the result and all the court said to be was ‘the matter had been finalised and I’d need to contact my local police’.

I’m not really keen on ringing the police so I’ve just been waiting for them to come and serve me with the intervention order but it’s now been 5 days and nothing. Is it possible that there isn’t even an order? Would a judge give her an intervention order when she has no proof of anything? But I wondered why would the court tell me to contact the police if there was no order?

 

[sammy01]

The police will serve the paperwork on you. Contacting them just saves them the bother. I'm a school teacher. When the cops called me they were being courteous. Police officer says they normally just attend a work place and serve it on you... Can you imagine the embarrassment if the cops rocked up to my school....

Call the cops... Putting your head in the sand is dumb. Maybe the ex didn't show up to court and hence it was dismissed.... But how do you know if you don't make the call. Or you could have a nice night out ruined by the police arresting you and holding you in the police station until a police officer gets the time to finalise the paperwork.

You know about the thing so knowing where you stand is a bloody good idea, especially if a vindictive ex is intend on causing you grief.

 

[Katie83]

Thanks. I read that they can just stick it in my letterbox they don’t have to actually give it to me in person, that was on the legal aid website so I assume it is correct but maybe it is wrong.

How long after the court hearing did you hear from the police if you don’t mind me asking? I just assumed they’d be in contact in a few days after if there’s an IVO in place. When they served me with the court summons it was only a couple of days after she had applied in court for it and it was on a Saturday night at like 7pm.

 

[sammy01]

I'm in NSW. The law is state-based so changes between states... I can't really help you. I was contacted by the local police station and presented with the interim avo paperwork... I then attended the court and accepted without admission.

I do think your best bet is to lose an hour of your life to go to the local police station...

 

[Adam1user]

I don't know much about this, but what surprised me is the lack of concern from your end! how come you did not go? this is an important matter, how can you defend yourself? if anything was said or shown in the court, it will be too late do to anything now, and it will be costly. The court is important. I never had any problems like this, so I am saying from a point of theory. I am critising you, but pointing out that this was very important and what is shows is the lack of concern from your end in the court.
What ever the reasons you stated, "you don't want to see her" will not do you any good, it will back fire against you.

I hope that help to draw attention to you.

Good luck.

 

[Katie83]

I don't know much about this, but what surprised me is the lack of concern from your end! how come you did not go? this is an important matter, how can you defend yourself? if anything was said or shown in the court, it will be too late do to anything now, and it will be costly. The court is important. I never had any problems like this, so I am saying from a point of theory. I am critising you, but pointing out that this was very important and what is shows is the lack of concern from your end in the court.
What ever the reasons you stated, "you don't want to see her" will not do you any good, it will back fire against you.

I hope that help to draw attention to you.

Good luck.

I’m not at all concerned because in the court documents everything she wrote is false and I wasn’t going to contest it because I would then need to get a solicitor and I can’t afford that just so she can have a whinge. I don’t live anywhere near her and other then a suburb I don’t know exactly where she lives anyway so there’s no reason why I will be anywhere near her for me to be in breach of any IVO. Anyway that’s all irrelevant because the question was about why I hadn’t yet been served.

 

[Adam1user]

I’m not at all concerned because in the court documents everything she wrote is false and I wasn’t going to contest it because I would then need to get a solicitor and I can’t afford that just so she can have a whinge. I don’t live anywhere near her and other then a suburb I don’t know exactly where she lives anyway so there’s no reason why I will be anywhere near her for me to be in breach of any IVO. Anyway that’s all irrelevant because the question was about why I hadn’t yet been served.

Hi, I just read again what I wrote, I type slower than I think, I am NOT critising you. I hope you got that, what I wrote is that I am critising you, which I am not, forgive me.
Anyway, in Court, don't assume anything, things can go wrong, and if they do, it will be up to you to defend or fix it and it will be a costly process. I just thought to draw your attention to this, it may be worth investing a bit at the start better than finding out that something negative happened.
If you are in financial hardship or hard situation, you can go to legal aid, and obtain advice.
Good luck!