VIC Family violence safety notice

[Luxlou]

Police issued my partner with a family violence safety notice after they were called to a dispute where my partner and I were drunk and acting violent toward one another.
He has to attend court in the morning as the police have applied for an intervention order on my behalf. I did not want it and do not want it to go ahead! I am not in fear and we are not allowed any contact whatsoever so have had to stay apart. It is so extreme and the police did not ask me if this is what I wanted and I plan on going to court also as the “ protected” person to see if I can stop an order going ahead by the magistrate?

 

[Rod]

Depends on the statement you made to the police at the time.

You either change your story and say you instigated the fight in which case you may be charged with making a false statement to the police or
you explain your situation to the magistrate, explain the hardship a separation would cause to both of you, say you have no fear of your partner, it was a once of event, not really serious etc etc.

If the magistrate doesn't dismiss the charge then ask for changes in the conditions so that you can stay together but he must not physically assault you in anger. It may be possible to negotiate this outside the courtroom on the day.

The 3rd option is for your partner to accept an undertaking instead. Many police prosecutors in family disputes are quite good and reasonable and will accept undertakings.

See the legal aid or community lawyer on the day and see what you can negotiate. A lot of 'bargaining' happens outside the courtroom on the day.

 

[Cobra1972]

It doesn't sound like there were charges. It sounds to me that they went with the Civil Options only, so probably no statement and no charges. FVSN are a Civil option used to protect all parties until they can attend Court and the Courts can decide, based on the accounts of the AFM and Respondent.

 

[Clancy]

If police have been called to your address on previous occasions, then they will be less and less likely to listen too you, and rightly so, they have a duty of care regarding your safety weather you like it or not.