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VIC Will Police Arrest Other Party for Breaching Protection Order?

Discussion in 'Criminal Law Forum' started by jaspersmum, 11 September 2016.

  1. jaspersmum

    jaspersmum Member

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    Hi.

    I have a personal protection order on another party and have some questions, if I may.

    The respondent has stated that he is going to challenge the order so wants to appear and have his day in court.

    Prior to the first hearing, the other party requested and obtained a delay due to having food poisoning from eating dodgy food and now he is indicating on social media that he has requested another delay due to him going into hospital to have surgery that is elective surgery, on Monday - this would have been planned well in advance as its a hip replacement. He is also using the excuse of his wife's cancer treatment to delay as well.

    He has also intimated in the post that he has spoken to the court and that they are okay to move the hearing closer to his residence to suit him when he is discharged from hospital. I have not been notified by the court that this is the case and I do not want to do anything that is convenient for him. The delayed hearing is set for this Friday 16.09.2016.

    Also he has breached the interim intervention order 4 times in the last month. The sections he has breached are - Point 4 - to not publish on internet, by email or other electronic communication any material about myself. Point 5 - Contact or communicate with a protected person (me) by any means and also Point 8 - get another person to do anything the respondent must not do under this order. I have been to the police and reported these breaches each time they are made and have made statements when I am there.

    Given that he has breached the order, will the police arrest him? Or if not, can I force the issue with them to arrest him as he is obviously ignoring the order. Also, will the court know on the day of the hearing that he has breached the order at all from the police, or will I have to advise them of this.

    He has also stated that he is of the opinion that the courts will award costs against me which will in his words amount to hundreds of dollars. I was of the opinion that this type of hearing there is no costs awarded. Also, should I have legal representation going into this hearing? I do want the judge to settle this on the day but am afraid that this will drag out because of his medical excuses.

    Thank you.
     
  2. Tim W

    Tim W Lawyer

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    Take screen shots of everything
     
  3. jaspersmum

    jaspersmum Member

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    Hi Tim. Thank you for your response. I have screenshots of everything and also the email that he sent to a girlfriend - the police also have copies of them.
     
  4. Iamthelaw

    Iamthelaw Well-Known Member

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    Seems fairly straight forward. If there have been numerous breaches and there is evidence of these breaches along with statements made to police, then yes, he should be arrested and charged.
     
  5. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi jaspersmum,

    I would not be confident that the police will act on these breaches.

    Arrest is one way which the police might respond. Warnings, notice to appear or taking no action are other possibilities. I'd recommend you phone and follow up with the officer you gave the statement to.

    They may try to brush you off or give you an ambiguous response. If they do this it would suggest they have no intention of acting on the matter. I'd recommend you complain to the officer in charge of the station if this happens.

    The police have an obligation to uphold the law. I've had no experience with Vic police. I'm in Qld.

    I hope they have acted as they should, but wouldn't leave it to them without following up.

    Regards
     

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