VIC IVO allegations

[Atticus]

Nothing stopping you from talking to police about your concerns, being a private application they may even have some advice for you ... Pretty damn sure more than a few cops & magistrates are getting a tad sick of the tsunami of frivolous, vexatious IVO's taking up their time & resources.. That said, they have a duty to assume the allegations made are true until otherwise

If you have genuine concerns that she may do something like that, ask the lawyer Wednesday about the possibility of a cross application that prohibits her from telling or publishing anything to do with the IVO ... Probably no reason that can't be applied for quite quickly if there are good grounds

 

[Poidah]

government statutory program

Do you have access to a union as well? It might be worth talking with them and getting more ideas and strategy on how to manage these allegations with your employer as well.

 

[Gameofthrones]

Ok will do. I spoke to the police and they said as it is a civil matter no need to disclose it to the employer unless they request it in their policy. I told them that prior to this my ex kept coming over to my place to drop off random things, they said she can but you have to stay 5 meters away. I obviously won’t breach it but now have to make sure I keep my phone on me at all times to record these events. I am too afraid to go to local shopping centres as I live in the same area in case my kids run up to me suddenly too.

 

[Gameofthrones]

Not in the union but might have to join now thankyou

 

[Rod]

I am too afraid to go to local shopping centres as I live in the same area in case my kids run up to me suddenly too.

Still can go, just walk away if you see the kids or ex. And time visits for when you think they will not be there.

 

[sammy01]

Don't worry about the shops. Cops in small towns get it... mate I was called to the cop shop half a dozen times. She even claimed I broke into the house and took the car keys. Eventually the cops understood that she is the nutter and I'm just a bloke trying to get on with y life.

You've got a rough few months ahead. Things will get better. The people who she might tell her version to will soon move on or plain not care... Mate my kids live with me most of the time now. My ex's sister lives near by and she has told me that she thought it was wrong what the ex put me through, but at the time she was the enemy in my world view.

 

[GlassHalfFull]

I received an IVO in August 2018 and it took 3 months to get to a first mention back then, so I wouldn't say 3 months is extraordinarily long even in these current circumstances. Took me about 14 months to get to a defended hearing, and on the day of the contested hearing, the police agreed to remove the children from the order in exchange for a further 6 months (taking my time under an IVO to a total of 20 months).

I've been through almost everything you're currently going through (false/exaggerated allegations, kids on the order etc). Mine was prosecuted through the police though, which made it slightly worse. She got free representation all the way through, the police are less inclined to negotiate, plus I think there's an implication that if the police have taken on the case, there must be something legitimate to it.

It's extremely frustrating, but Sammy is mostly right. You're going to have most of your success through the family court now. IVOs are annoying but fighting it isn't going to get you where you need to be. You need family law orders to get access to your children back. I can't speak for how it will affect a WWCC though - I know IVOs do show up, but I don't think an IVO means an automatic fail. I don't have enough knowledge to comment further though.

 

[Poidah]

You need family law orders to get access to your children back.

Are you able to make an earlier time for mediation? Due to this IVO and restriction from children, mediators may be able to squeeze you in earlier and attempt to discuss access etc. Getting the mediation ticket so you can apply for court as quickly as possible, sounds like the way to go.

 

[Atticus]

I received an IVO in August 2018 and it took 3 months to get to a first mention back then, so I wouldn't say 3 months is extraordinarily long even in these current circumstances.

Interesting ..... I always understood that being an interim order, there was a legislative requirement to set a date for first mention within 14 days of service ..... Cops also confirmed this a while back... It May be that things have changed, dunno, but it appears the 14 days is still in the (Vic) Family Violence Protection Act, section 60L >>>>

Mention date and hearing for proceeding for final order
If an interim order is made by a court under this Division, the Magistrates' Court or Children's Court (whichever is hearing the proceeding for the final order) must ensure that—


(a) the proceeding for the final order is listed for mention—


(i) if the accused was before the court when the interim order was made, within 14 days of the making of the order; or


(ii) otherwise, within 14 days of the interim order being served on the accused; and


(b) the hearing to determine the final order is listed as soon as practicable.

Source >>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 60L Mention date and hearing for proceeding for final order

Probably not something worth jumping up & down about if the date has been set for 3 months, but it does seem to contradict the act ..

 

[sammy01]

I'd be asking the clerk of the court... 3 months with no time with kids? That said getting in quicker doesn't mean much will change. In-fact being able to state at first mention that mediation has failed and you haven't seen the kids for 3 months will raise eyebrows...