VIC IVO contested in Victoria

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Fonzi75

Well-Known Member
23 October 2019
17
0
71
I have an interim IVO brought on by the police on behalf of my ex which I am contesting. I have had the mention already and the police refused to an undertaking unless I gave up my firearm licence. I believe because I have a firearm licence that the interim order was put through easily. They also asked her if she wanted the IVO dropped but she refused. I believe that is telling. We still live in the same house and the limited IVO is about financial abuse, controlling behavior and checking up on her, where she is and who she is with. The IVO was brought on when I refused to leave the family home where I have remained. It is all made up but the part on the application where it says I was checking up on her was made up by the police on not on the original statement which I have seen. She has also confirmed that she never said that. So basically the police have lied to obtain the order. I believe I have a strong case for various reasons and can prove that some of it is a lie. But the part where the police have lied to obtain it concerns me. Will a judge see this and what weight would be put on the lie? Any comments?
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
In Victoria? Mate, I hate to say this, but getting this thing dismissed is highly unlikely, no matter what the application says. All your ex has to say is ‘I felt scared’ or ‘I felt intimidated’ and it’s done. Courts are generous with IVOs because why not? There’s no major impacts for respondents unless they breach the order, but lots of positive benefits for victims, even if they don’t really need that protection.
 

Fonzi75

Well-Known Member
23 October 2019
17
0
71
The impact for me is that I will lose my shooters licence and I am unclear at the moment if I will lose my working with children accreditation. My IVO does not include the children. Remember also the IVO is so weak that we are still living together.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
why are you still living with her?
WWC - no worries in my opinion. I'm in NSW. I had an avo, my kids were protected. It didn't impact on my employment as a teacher.

Gun licence. Nope they're gonna take that.
I'm for accepting without admission. But I don't have a gun licence. I also reckon if your partner isn't gonna agree to have the thing dropt then you should accept without admission and leave the house. If you fart and she calls the cops you go to jail
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
The IVO was brought on when I refused to leave the family home where I have remained
So does that mean you have effectively broken up, as in you are separated under one roof?
I have had the mention already and the police refused to an undertaking unless I gave up my firearm licence
So they will accept the undertaking if you hand in your FA License... If that is the case, unless handing it in is actually going to affect your earning potential then I would be agreeing to the undertaking.... If you can remain separated under one roof whilst you sort out property settlement that's a bonus....
 

Fonzi75

Well-Known Member
23 October 2019
17
0
71
So does that mean you have effectively broken up, as in you are separated under one roof?

So they will accept the undertaking if you hand in your FA License... If that is the case, unless handing it in is actually going to affect your earning potential then I would be agreeing to the undertaking.... If you can remain separated under one roof whilst you sort out property settlement that's a bonus....

The police have advised that they will accept the undertaking if I have in the FA license.
 

Fonzi75

Well-Known Member
23 October 2019
17
0
71
why are you still living with her?
WWC - no worries in my opinion. I'm in NSW. I had an avo, my kids were protected. It didn't impact on my employment as a teacher.

Gun licence. Nope they're gonna take that.
I'm for accepting without admission. But I don't have a gun licence. I also reckon if your partner isn't gonna agree to have the thing dropt then you should accept without admission and leave the house. If you fart and she calls the cops you go to jail

I am still living there because there is nothing stopping me from doing so and if I leave she will withhold the kids from me. I am applying for interim orders currently. She of course wants me out but I refuse to leave.