VIC Varying an Intervention Order

[John Blair]

Hi all,

Recently had an Intervention order taken out against me by the police. Never been violent with wife. Wife and I had an argument where she smashed a door and I called police. She claimed I had locked her out of the house but we always lock the front using the latch as kids can and have opened door and got out. Wife got in through back door and took kids. I even helped police find my wife and kids and they placed a safety notice on me. Went to court the next day and I didn't know that the safety notice was just the beginning of the full order. I had legal aide advice and said the application was factually incorrect. Police suggested an interim order in place which was basically a full order. Can't go home, can't see kids etc. Learned later that day that wife didn't want the order and that they effectively forced her to support it. I was in Frankston court and my next mention hearing is 1st April! I want to vary the order so I can see kids and wife. Given the toll this had on me, I'm seeing a counsellor and going on a men's behaviour change program. I want to know if anyone has had success varying their order? If so how did they do it? I also want to bring the court date forward as I can't stay away from my home for that long.

Thanks in advance.

 

[Rod]

You are now a victim of Victoria's family violence system.

Once in it you will find there is little you can do until the final hearing.

Did your lawyer try for a reduced set of orders? Any negotiation about consent orders?

Is your relationship over? If so, ask your lawyer about starting a parenting order in the Federal circuit court which can override IVOs.

Look for cheap alternative accommodation for a few months, stop paying the mortgage/rent, if you can, get your partner to seek a change to the the orders as being unreasonable and harsh.

 

[John Blair]

I thought as much. It's absolutely ridiculous and likely to be very expensive. The lawyer stated that the application was factually incorrect but the magistrate didn't listen and basically said they took the polices word as gospel. I didn't say anything as never even spoken to a police officer let alone been in court before, now I realise I should have done.

Don't know what consent orders are? Relationship is on the rocks now because of this issue. Might be able to rekindle it through mediation which she has offered. Don't need to go through the federal court just yet.

Our son has autism and needs me to support him with therapy as I'm a trained therapist too. How long will it take to get to the final hearing? What are my chances of getting the order varied to just not commit family violence so I can go home and see my kids. My wife will support the variation.

 

[Rod]

Our son has autism and needs me to support him with therapy as I'm a trained therapist too.

Was this told to the Magistrate? If not, this gives reasonable grounds for a change. Did you pay for a lawyer or use the duty lawyer/CLC? I request for a change is more likely to be accepted if it comes from your wife.

Sorry, I don't know the current delays at Frankston.

 

[John Blair]

No unfortunately not. Like I said I didn't know what I could do so just stayed silent. Lawyer wasn't brilliant and attended court literally the day after the incident so couldn't get a paid lawyer. My wife wouldn't know about this and obviously I can't ask her due to the order but we can talk about it in mediation. I'm from the UK and don't have any family here and very few friends as haven't been in Oz very long. This is extremely hard but just need to know what I need to do to ensure the variation will work. I've spoken to men's referral and men's line for support. Thankfully my manager has been really supportive and my wife is organising for me to see kids too which helps. But she is being cautious cos relationship now strained and obviously she's now got a lot less support with an autistic child.

 

[Rod]

I think you'd benefit from some good legal advice.

You have options:
1. Find a local lawyer
2. Go to the Peninsula Community Legal Centre
3. Go to Legal Aid in Frankston

I'm in the Ringwood area which may be too far for you.

 

[John Blair]

Yeah I'm getting a lawyer ASAP. All on holiday now but managed to get a hold of one. Didn't go to Peninsula Community Legal Centre though but will do. How long would it take to go to final hearing at ringwood?

 

[Rod]

Advice in Ringwood, court in Frankston. I assume you live on or near the peninsula.

 

[John Blair]

I did until notice. I obviously had to move out and now just doing air bnb etc. Which isn't ideal.