Interim IVO - What are my options

[Atticus]

Forget an undertaking. My understanding is they just don't happen.

No... You shouldn't forget an undertaking. With the courts experiencing an avalanche of these hearings, the Magistrates themselves are now increasingly looking to see if an undertaking may be quick & affective means of dealing with these cases that warrant it...

Going against you though is the fact that this actually involved a physical assault... I Imagine much will hinge on the risk assessment, but, that should not stop you from seeking first the possibility of an undertaking being an acceptable compromise. It sounds like your partner would be agreeable, then depending on that assessment, you may find the magistrate actually suggesting that the police prosecutor also accept it.... Certainly nothing to be lost by trying that approach first

 

[GlassHalfFull]

No... You shouldn't forget an undertaking. With the courts experiencing an avalanche of these hearings, the Magistrates themselves are now increasingly looking to see if an undertaking may be quick & affective means of dealing with these cases that warrant it...

Going against you though is the fact that this actually involved a physical assault... I Imagine much will hinge on the risk assessment, but, that should not stop you from seeking first the possibility of an undertaking being an acceptable compromise. It sounds like your partner would be agreeable, then depending on that assessment, you may find the magistrate actually suggesting that the police prosecutor also accept it.... Certainly nothing to be lost by trying that approach first

That might be true Atticus, but my understanding is that unless the applicant (the police in this case) accepts it, the magistrate is powerless, no matter how much they suggest it...? Unless they decide there is nothing to the IVO in the first place...? But would they allow an interim IVO and then cancel it without going to a contested hearing? They don't tend to allow evidence to be presented prior to a contested hearing, so on what basis could they force that through?

 

[Atticus]

That might be true Atticus, but my understanding is that unless the applicant (the police in this case) accepts it, the magistrate is powerless, no matter how much they suggest it

Correct, but as I said, if the partner is okay with it & the mag is okay with it, that is a couple of very large pluses going forward.... Sure if there is lot of past recent DV events that may change things, but we here only know what we have been given, ie, the one event

But would they allow an interim IVO and then cancel it without going to a contested hearing?

Many undertakings are accepted at first mentions... Always seek an undertaking as a first step, especially if the protected person is agreeable.... Absolutely nothing to lose

 

[GlassHalfFull]

Correct, but as I said, if the partner is okay with it & the mag is okay with it, that is a couple of very large pluses going forward.... Sure if there is lot of past recent DV events that may change things, but we here only know what we have been given, ie, the one event

Many undertakings are accepted at first mentions... Always seek an undertaking as a first step, especially if the protected person is agreeable.... Absolutely nothing to lose

Oh, I tried it, myself. I asked at first and second mentions, despite a pretty weak application (not to mention the fact that it was full of lies and exaggerations, but obviously couldn't prove that without a contested hearing). Got shot down by the police prosecutor. Probably didn't help that my ex was so belligerent about it though. I'm pretty sure the magistrate never even knew I was trying to get an undertaking since it was negotiated outside the courtroom by my duty lawyer, let alone try to put pressure on the police prosecutor about it.

 

[Atticus]

Probably didn't help that my ex was so belligerent about it though. I'm pretty sure the magistrate never even knew I was trying to get an undertaking since it was negotiated outside the courtroom by my duty lawyer, let alone try to put pressure on the police prosecutor about it.

Sorry to hear... slightly different situation for this case, & yep, have to make sure the mag is aware that both protected person & respondent are amenable to an undertaking.

 

[GlassHalfFull]

Definitely a different situation here. Sounds like nobody wants this IVO except the police. You would think that unless there is a VERY clear risk of ONGOING violence that the victim has articulated, it's just not in the police's interests to intervene. Once off violence, while not to be dismissed outright, should not be the reason for ongoing protection and exclusion from the family, who wants her to return...

 

[Atticus]

Yep agree mate... The cops just need to be satisfied that the protected person isn't being coerced into accepting something less than a confirmed DVO... That usually just involves a chat with a police DV liaison officer

 

[sammy01]

there is no certianty with avo's. But if your partner wants you to live with him... Then maybe it is worth while. My understanding is undertakings require the other party to agree and for the courts to agree. I reckon it is worth asking at the court house so you get some advice from a source that isn't punters on keyboards like us.