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VIC Withdrawing an Interim IVO (Intervention Order)?

Discussion in 'Criminal Law Forum' started by Joanne, 28 June 2014.

  1. Joanne

    Joanne Member

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    I have a interim IVO ( restraining order or intervention order) against my husband and initially took it out 6 months ago due to domestic violence and my daughter and I fled from the family home 150kms away to my mums, I was in fear he would commit family violence again and take our daughter away as he had threatened in the past. Since then we have gone to family court and have orders made that our daughter lives with me and visits him and its on going and yet to have final orders. The final hearing is 6 days away and the court have allocated a full day, I am thinking of withdrawing the Interim IVO. How would I go about this and is this the right move?
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Joanne,
    Which state or territory are you in?
    Why are you thinking of withdrawing the interim order? Has something significantly changed since you got the order?
     
  3. Joanne

    Joanne Member

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    Im from victoria, Australia. I have gone through three lawyers and the one I'm using now does legal aid as i cant afford a lawyer (i had to sign a stat deck on my house i have with my separated husband and his living in it) and as we are going through family law proceedings, it doesn't cover IVO's for my lawyers service. He basically said that he doesn't think the judge will issue a full IVO as my ex hasn't done anything detrimental since the interim IVO to warrant one which I didn't understand. The final hearing is this Friday and we would be cross examined. I'm pretty nervous about seeing him anyhow and don't think I could go through a whole day with him and his family. Since the IVO he has abused me and my family in police attendance and my step father at changeover once and my dog has been poisoned and she died. But there is nothing I could do about it, even with the IVO. I tried getting him for breach, but didn't prosper. I don't think the IVO is serving a purpose. He only sees me at court and at changeover once a week and we have a communication book and a text here and there about our daughter. The IVO doesn't stop him having time with our daughter and he lives 150Kms away.
     
  4. rebeccag

    rebeccag Well-Known Member

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    Have you contacted the Womens' Legal Service Victoria? The have a free legal advice line.

    Check out the Melbourne Magistrates Court "Family Violence Intervention Orders" page that sets out information about these orders and the process for apply for/revoking them - here's an excerpt:
    If a respondent seeks to vary or revoke a family violence intervention order, they must first be given permission by the Court to lodge these types of applications. A Court would grant permission only if it is satisfied there has been a change in circumstances since the family violence intervention order was made and the change may justify a variation or revocation of the order.

    Legal Aid Victoria also has a "Family violence intervention orders" page with some good information.
     
    CathL likes this.
  5. Tim W

    Tim W Lawyer

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    If the order has an end date on it, then I suggest doing nothing,
    and when the time comes, it will simply expire.
    If it doesn't have an end date, then I suggest asking your current lawyer
    about keeping it "up your sleeve" regardless.

    Beyond that, since you already have a lawyer involved,
    it is better that you ask them.
     

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