VIC IVO conditions clarification

[Countryboy]

Thank you very much Rod and Tim.

Is it true that my wife can not apply to revoke it when the applicant was the Police in my case?

 

[Atticus]

I'd like to take time and consider if we reconcile until next Feb.

Section d of your conditions allows you to >>>> (d) arrange and/or participate in counselling or mediation

If you want to explore reconciliation & your wife agrees you could find a marriage guidance counselor & undertake some sessions... If it looks like there's a chance to make it work then she (or you if court grants you leave) would need to apply to have the IVO revoked

Do you reckon I will be able to file for divorce after Feb 2022 and complete it together with properties separation with the IVO still in effect?
Or should I get rid of the IVO before starting the process?

You can apply for divorce after the 12 months separation... You can file for property settlement anytime after separation or within 12 months of being granted a divorce ... Having the IVO still in place won't affect that, other than perhaps meaning all your negotiations/communications would need to be via a lawyer

 

[Atticus]

Is it true that my wife can not apply to revoke it when the applicant was the Police in my case?

No ... Being a party to proceedings she can apply >>>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 108 Who may apply to vary, revoke or extend family violence intervention order

 

[Countryboy]

Thanks Atticus.

So if she is happy, I am happy, she applies to revoke the order then we get back together. Perfect.

However, if either she or I does not want to reconcile, we divorce, what happens after we divorce then?
Does the Order follow me for life even though we are no longer family?
Because there is no reason for her to do so if we divorce, and as Tim said, it's not Police's interest neither.

It is really complicated for me 😣

 

[Atticus]

You also are a party to proceedings but being a respondent would require leave (permission) to apply to revoke

so if the IVO was affecting your employment or you had divorced, settled property & a reasonable time had passed, then those things could be considered as a significant enough change of circumstance to have it revoked.... probably not ideal but is what it is.

 

[Tim W]

Does the Order follow me for life even though we are no longer family?

In short and simple... yes.

 

[sammy01]

hang on a minute. This must be an error. He is stuck with this avo until he dies OR gets a court to give an expiration date? NOPE, that aint right.

Ol' mate, take the paperwork to the court that provided the orders and ask the clerk of the court.

Just a few casual observations....
1. My ex played this 'let's get back together' bs. I was keen to save the marriage. She was playing me to get a better result in the asset division.
2. Eventually, I learned to love my avo. It had a 12 month expiry period. BUT 12 months where it was illegal to speak to her. That gave me 12 months to reflect on the whole thing and realise that I was flogging a dead horse.
3. Take the avo seriously... Our jails are full of blokes on 3-6 month stints for breach of avo and I'm sure some of them atleast went to the ex's house because they were invited only for an argument to break out, cops get called and you can work out the rest for yourself. WARNING

 

[Countryboy]

Thank you Tim.
I will need to fight it then. I hope, as Atticus mentioned, there is a way to have it removed with support from a lawyer after Feb 2022, regardless of my wife intention.

 

[Tim W]

hang on a minute. This must be an error. He is stuck with this avo until he dies OR gets a court to give an expiration date? NOPE, that aint right.

Ol' mate, take the paperwork to the court that provided the orders and ask the clerk of the court.

Have a look at the Victorian arrangements.
They might vary from your (non-Victorian?) experience.

 

[Atticus]

I hope, as Atticus mentioned, there is a way to have it removed with support from a lawyer after Feb 2022, regardless of my wife intention

Basically, if you are granted leave to apply to revoke, a magistrate will need to hear her (the protected person) views on the matter .... End of the day though, even if the magistrate decided to not revoke the order, S/he could apply a variation to the order that may satisfy your reason for applying.