VIC False Accusation to Get an Intervention Order - Help?

[Muxaul]

I would like to express my point of view and I am open for discussion.

I too was falsely accused and she got an interim order without me being able to say a word. I understand exactly what OP is saying but I am not convinced that consent without admission is the right approach. My concern on Consent without Admission is she and/or her lawyer in family court would say: “why did you consent to this order if you didn’t do it?”

And once the DVO order is in place you are branded as a perpetrator for life and if I’m correct, family court is bound to put this formal order into final consideration no matter how you got it. She’d use that to her advantage.

When I first got here I too was advised by many to consent. But it never felt right to me. I fully support focusing on family court result but I also saw fighting DVO/IVO/AVO as being important. So I contested the IVO in full, stood firm in my position and told her police lawyer that I will apply for cost order should we go to trial. I then gathered enough evidence to disprove her lies.

In the end, police withdrew the IVO application at the directional hearing, I didn’t even get a chance to show them my evidence. I still spent 7k on legal cost and never got this money back. But I am clean on record. Next, I put what she did and this police withdrawal into my family court affidavit. We are still in the family court proceeding and waiting to go to the trail next year. But as time goes, all her craziness has surfaced themselves and it has become a stereotypical BPD/NPD toxic behaviour that court and family report consultant should be able to see through easily, and I have collected enough evidence to show a pattern of her behaviour that is not in the best interest of the child.

 

[sammy01]

Accept without admission - Why

1. Accept without admission = Not guilty...An avo means very little in family law - That alone would not stop you seeing your kids.
2. Sometimes taking it to trial can take months - all that while there will be an interim avo. So in one example on this site, it took 13 months to get a final hearing. So the guy still had the avo for 12 months.
3. You spent $7K. That is a lot of money. Money better spent fighting in family law to get to see your kids.

But - But.... if you have a nasty ex who makes further accusations, so in my example, the ex called the cops claiming I broke into her house and stole her car keys... I got called into the cop shop for a chat... My ex tried to use the avo to get me arrested for breaching it... I'm sure sometimes that could work and you could go to jail.

 

[Muxaul]

Accept without admission - Why
1. Accept without admission = NOT GUILTY....An avo means very little in family law - That alone would not stop you seeing your kids.
2. Sometimes taking it to trial can take months - all that while there will be an interim avo. So in one example on this site it took 13 months to get a final hearing. So the guy still had the avo for 12 months.
3. You spent $7K. That is a lot of money. Money better spent fighting in family law to get to see your kids.

BUT - But.... if you have a nasty ex who makes further accusations, so in my example the ex called the cops claiming I broke into her house and stole her car keys... I got called into the cop shop for a chat.... My ex tried to use the avo to get me arrested for breaching it.... I'm sure sometimes that could work and you could go to jail

Sammy01, in your case your ex settled with you so you never needed to go to family court trail, and therefore AVO indeed meant nothing.

If ex is vexatious and/or vindictive then AVO/IVO is a just tool for the family court proceeding and it will be used. No matter how slight it will impact family court, it is still a negative impact isn’t? In my case, we are going to trail and I’d be in a lot of worries had I consented to an IVO and I wouldn’t even dare to even think about shared parenting or primary parenting of the child. I fought against IVO and now I feel that I’m in a lot strong position to ask for shared or primary care.

I did see people received IVO but in the end got full custody but that was rare and the case was extreme. Although cannot pinpoint the exact number or links, I see more people regret on getting consent without admission afterwards as that was their start of losing custody of their child and their unfairly ruined life.

Please do not think I’m arguing with you, Sammy. You helped me a lot too and I forever remember that. But I’m here to just express my point of view.

 

[Alert]

Sammy01, in your case your ex settled with you so you never needed to go to family court trail, and therefore AVO indeed meant nothing.

If ex is vexatious and/or vindictive then AVO/IVO is a just tool for the family court proceeding and it will be used. No matter how slight it will impact family court, it is still a negative impact isn’t? In my case, we are going to trail and I’d be in a lot of worries had I consented to an IVO and I wouldn’t even dare to even think about shared parenting or primary parenting of the child. I fought against IVO and now I feel that I’m in a lot strong position to ask for shared or primary care.

I did see people received IVO but in the end got full custody but that was rare and the case was extreme. Although cannot pinpoint the exact number or links, I see more people regret on getting consent without admission afterwards as that was their start of losing custody of their child and their unfairly ruined life.

Please do not think I’m arguing with you, Sammy. You helped me a lot too and I forever remember that. But I’m here to just express my point of view.

You have very strong morals which is hard to find, usually to busy with their noses up the wrong end. I congratulate you for standing up to what you know is right for you. What is anyone demonstrating to their child/children as a yes person, ‘show them to fake their values’, nah that doesn’t cut. If you can’t stand up for what you truly believe, who will stand by your children. It’s good to see you are not a walkover. I would have “accidentally” dropped the evidence and have it spread all over the floor, then ask politely, ‘can you please help pick it up’, with the cartoon dog Mutley’s laugh. I went to court for 4yrs, anyway, I had many different barristers and they were telling me what to do, I had it out with quite a few because I wasn’t “conforming” with what I guess I was “supposedly” to, oh then, my solicitor tells me, you can’t argue with them, I was debating not arguing anyway.
Anyway I’m paying them to “act” for me, yes all an “act”.
So some may see you as “crazy” which gives “authorities” enough reason to put that jacket on you and head for the padded room, someone asks, ‘what’s going on’,
answer: ‘he/she is crazy for standing up for what they believe in’, reply: ‘no dramas, lock and key over there’.
You will make your children proud and show them not to be the puppeteer we are all being programmed to be.
Yayyyyy, someone with morals.

 

[Alert]

Accept without admission - Why

1. Accept without admission = Not guilty...An avo means very little in family law - That alone would not stop you seeing your kids.
2. Sometimes taking it to trial can take months - all that while there will be an interim avo. So in one example on this site, it took 13 months to get a final hearing. So the guy still had the avo for 12 months.
3. You spent $7K. That is a lot of money. Money better spent fighting in family law to get to see your kids.

But - But.... if you have a nasty ex who makes further accusations, so in my example, the ex called the cops claiming I broke into her house and stole her car keys... I got called into the cop shop for a chat... My ex tried to use the avo to get me arrested for breaching it... I'm sure sometimes that could work and you could go to jail.

Sammy01, now I can see where you and I butted heads. You never went to trial, it is something I don’t wish on anyone. You are fortunate it never went that far, until you have unfortunately been in that position, no-one really, honestly have no idea where others are coming from. If you had of mentioned you weren’t put in that situation I would have totally got you. Oh well, that’s life.

 

[sammy01]

No we butt heads because I know what I'm talking about and you dont.

 

[okanynameyouwishthen]

clearly not fella.

 

[Alert]

Are you serious Sammy01, I have tried to reach out and the only time you have something to say is when you feel a need to defend yourself, you know we had our differences, so what, get over yourself and build a bridge, it is not healthy Sammy01, but I don’t give damn, it’s so easy for you to defend using your fingers, you would be a yes sir, no sir, if ever you were confronted.

 

[sammy01]

No you did not 'reach out' to me.

You were prepared to attack me because I mentioned I'm a teacher, on a thread about how schools deal with parents with family law issues. Yes, I felt the need to defend myself against someone who felt there is something wrong with my profession and frankly, your assertion was that my advice would not be as good as your's becauase I've "always had my head in a book". This is arrogance and I'm calling you out on it.

Yep -I'm having to defend myself using my fingers. But only because you're arrogant enough to think that there is something wrong with being a teacher?

Nope not a yes sir no sir kind of guy. I am someone who is prepared to call someone out when they are in the wrong as you have been here.

And yes it is healthy. It is called having an argument. I am of the opinion that you're advice here is wrong. You seem to be of the opinion that if someone happens to disagree with you that they are unhealthy? I fail to see a connection with my health and simply disagreeing with your opinions.

 

[Alert]

So Sammy01, YOU ASSUME, I’m rolling my eyes as I said that.
You say, I was prepared to attack you because your a teacher, after I had already given my ‘OPINION’ about this, you gave your opinion towards what I had said, did I run and hide, NO.
I tried to reach out to you after this, I know this to be true and that’s all that matters, so make up whatever $h1t you choose to.