SA How much evidence/reason is required for an Intervention Order (DVO)?

[Man_Utd]

Hi Folks,

I was recently served with an interim intervention order, with a first hearing date next week.
I didn't receive a reason or evidence as to why it's been taken out.
Is this something i'm allowed access to before the first court date? I got the court transcript for the application, but it doesn't mention a reason.
There was no abuse, threats, violence, intimidation or anything that I would have thought would warrant this.
So i'm wondering whether it's possible I can find out prior as to what the reasons are, so as to try and defend/refute them?
I have no interest in contacting this person anymore, but if the evidence is as small as I think it is, I would consider challenging it.

Thanks in advance.

 

[Atticus]

Who was the applicant. Police or protected person (applicant name should be on top of interim order) ..

The first mention is just for you to accept or challenge.. Unusual that there are no grounds mentioned. Call police & ask would be my first step, police prosecutors if it's a police application

 

[Man_Utd]

Thanks for your reply Atticus
The applicant was the police, and my ex partner listed as the protected person. It's come as a surprise he has taken this out on me. We exchanged some angry words via text after breaking up, but there were no threats or intentions to harm one another...
I have spoken to police, but they couldn't give me a reason, only a big list of things that I can't do (which I don't intend on doing regardless).
I thought maybe the evidence or reason would be read out at the first hearing, which might only give me minutes to decide whether to accept or challenge.
Hmmmm

 

[Atticus]

The applicant was the police, and my ex partner listed as the protected person...... We exchanged some angry words via text after breaking up, but there were no threats or intentions to harm one another...

So if the police have applied on his behalf, unless they were called to a DV incident involving you both, then I can only guess that he has shown them something (words exchanged via text or elswhere perhaps) that has prompted the cops to apply for it .... Evidence (or suspicion) that stalking or intimidation has taken place, even via electronic means, can be reason enough...

You could call the issuing police station if it's named, ask to be put through to prosecutions & request reasons... Don't hold your breath though.. Other than that, don't accept the order at first mention & you should be provided with reasons before any hearing date that is set .....

Other option is to just accept the order without admissions at first mention next week ..... If you have no kids & don't intend contacting him anyway

 

[sammy01]

An avo isn't a criminal conviction. So I am a teacher. My ex took one on me. Kids were protected people. But it didn't muck up my ability to work.

It does prevent u from holding a gun licence. So can impact on some employment. Being a police officer for example.

To defend the thing could take months and to succeed you would be well advised to pay a solicitor.

Accepting without admission is the easy way out.

It suggest reading those txt messages u sent. If there is anything in there that is abusive / threatening then it suggest accepting without admission is the easy way out.

 

[Man_Utd]

Thanks for your replies Atticus and Sammy.
I guess i'm wondering if it's possible to get the first hearing adjourned, so that I can have a look at the evidence and allegations first, and talk with legal aid about it before I make a plea?

What is the difference between accepting without admission, and accepting with admission?

 

[Atticus]

The first mention is not a hearing as such.... Just an opportunity to either accept the DVO or oppose it..... If you choose to oppose it, they must provide you with any supporting evidence they intend to use some time before the date set for hearing.

You can choose to accept without admissions at the first mention next week, or at anytime up to & during the future hearing ..... AWA is just the respondent accepting the DVO without admitting to anything alleged... I guess at first mention you could tell the magistrate that it's a little difficult without knowing exactly what has been alleged, I expect at that point the mag will look to police prosecutor (who *should* have that info in front of them).

The alternative is it goes to a hearing, the mag decides there is grounds to confirm the interim into a final order (normal for police applications)

 

[Man_Utd]

Hi Atticus, thanks for your reply.
So slight turn in events. I received a copy of the statement made against me today. There's lots in there that just isn't true, and I can prove that they're false.
Can an AVO get thrown out if there's false claims made in the affidavit? Ones I can prove without doubt.

I'm thinking of adjourning it, and seeking legal counsel.

 

[Atticus]

Can an AVO get thrown out if there's false claims made in the affidavit? Ones I can prove without doubt.

You would think wouldn't you .... sadly not always. It really depends on whether or not the mag hearing it decides if there are grounds, & the grounds are pretty loose these days .... Basically, if the mag accepts that the protected person *may* be in fear, or been subjected to ANY kind of stalking/intimidation, it may not matter that 99% of supporting affidavit is doubtful..

If it's the first mention, just oppose it, they will set a trial date that should be enough time for you to get some legal advice

 

[Man_Utd]

OK thank you.
Yeah I can show that most of the statement is false, and that there's no stalking or intimidation.
I will, thank for your help.