VIC Variation to a contested no contact intervention order to allow FDR

[adondai]

Here is the sequence of events:

• Police take an family violence intervention order out on S to protect his wife T.
• T requests that the order keeps S away from the family residence, but does not limit contact in any other way.
• S elects to contest the order (although the hearings dates are still 6 months away).
• T and S participate in 4 months of marriage counselling with T facilitating twice weekly access to their young daughter (supervised and alone access).
• After 4 months, marriage counselling breaks down and T lodged allegations of breach of the intervention order (for pressuring her) and a request for no further contact from S.
• The order permits S to continue to have access to the child, but T no longer permits.

My question is, before taking this is to the family court, is it possible for S to apply to the police for a variation to the order to permit an exception to the no contact clause for the purpose of FDR?

Related to the above — does the potential severity of the allegations play any role in this whatsoever? If the allegations appear conparitively mild, are the police more inclined to want to facilitate mediation? (As opposed to having to defend a weak case in court).

Is it also possible to negotiate with the police to offer to accept the order without admission in exchange for the order being varied to allow FDR?

 

[sammy01]

I believe the AVO can only be varied if the applicant agrees or by the court. The cops wont do anything that could look like getting involved in negotiating this stuff.

My advice - Accept avo without admission. Get yourself into family court asap.

WHY?
1. There was one thread here where a bloke contested the avo. It took 18 months to get to a final hearing. All the while there was an interim avo in place. Now I'm not sure about how long these things go in Vic. But they often have a 12 month duration. So it would have been faster (and cheaper) to accept without admission.
2. Money - spend your money on family law. (see point 3)
3. So let's assume you get the avo modified. The ex still doesn't have to let you see the kid. Only a family court order is enforceable. So what have you achieved other than fighting?

 

[Atticus]

is it possible for S to apply to the police for a variation to the order to permit an exception to the no contact clause for the purpose of FDR?

Either party to a FVO can make an application to court to vary or revoke an order... That said, they can be reluctant to vary an order without agreement of the other party

On another note I think you'll find that soon courts will not be taking on any new non urgent matters...

 

[Jake Matherson]

I believe the AVO can only be varied if the applicant agrees or by the court.

Yep, file an application to vary. Magistrate will decide.

+1 kick off Family Court proceedings.

The ex is going to continue to make your life difficult.
Family Court Orders stipulating your child's time with you will overrule the AVO.
Chuck in a another Order which will allow you to communicate with the ex in writing only about the child and most of the problems have gone away, not the ex she will be there forever.

 

[adondai]

Thanks for the responses.

I understand the usual advice of going straight to the family court--however before we do, we just want to rule out the possibility of mediation.

Is the order made to the police (who took out the order), or directly to the court? Or are both options available?

 

[GlassHalfFull]

The application to vary is made directly to the court, everything to do with the order happens via the court, the police won't deal with you at all once there's an order (interim or otherwise) in place. They generally will not negotiate much in any case even if they wanted to.