VIC What to Do with Interim Intervention Order?

[Complex16]

Ahh, I see. Frustrating though, because such a rule contributes to the 'wrong' decision being made in a different court case. I assume that I could possibly still bring the subject up in cross examination though, even if I couldn't submit the affidavit itself as evidence? And when I was questioned by my barrister, say that I saw with my own two eyes the affidavit in which she said it. Or do you think that would also be prohibited?

Anyway, it does sound like her admission in the affidavit would still be useful evidence for me in the court it was submitted to (the Family Court, where the most important aspects will be nutted out over time), and might help to minimise the impact of any unfavourable outcome in the Magistrates Court, should I be unable to persuade the magistrate of my innocence. In other words, a family court judge may think: "Yes, you were found to have committed violence in your intervention order case, but by her own admission, so did your ex, so I won't draw any substantial conclusion from this result at this stage". Anyway, again, this is all speculation and perhaps more speculative than can really be useful at this stage, but it's still good to think about how certain things are likely to play out.

Sounds like you need to get into politics and change the system to suit you.

 

[GlassHalfFull]

How does one attain a cordial relationship whilst also wanting to see them suffer?!

Looks like this is all about you and not your kids. If you don’t change your mindset you’re in for a harsh shock.

Oh, but I suppose this isn't lecturing me either? Get off your moral high horse, you don't even know half the story, but you're judging me. You're taking something I said somewhat tongue in cheek about wishing that she might go through the suffering that I have been through so that she might actually see that false accusations and lies and exaggerations are actually rather nasty and unfair and selfish... And you accuse me of making this all about me and not my kids? My kids have suffered along with me from this. It's about both the kids and me.

And in any case, I don't see how wishing for a bit of karmic justice and ultimately wanting a cordial long term relationship with her to be contradictory.

 

[GlassHalfFull]

Sounds like you need to get into politics and change the system to suit you.

Sounds like I don't need any more advice from you. You've gotten pretty judgmental and nasty in the space of a few messages. This is a legal forum. Legal advice please.

 

[Complex16]

Oh, but I suppose this isn't lecturing me either? Get off your moral high horse, you don't even know half the story, but you're judging me. You're taking something I said somewhat tongue in cheek about wishing that she might go through the suffering that I have been through so that she might actually see that false accusations and lies and exaggerations are actually rather nasty and unfair and selfish... And you accuse me of making this all about me and not my kids? My kids have suffered along with me from this. It's about both the kids and me.

And in any case, I don't see how wishing for a bit of karmic justice and ultimately wanting a cordial long term relationship with her to be contradictory.

Woah. You can’t see how they’re contradictory? Ding ding ding! These are alarm bells, to assist your lack of insight...

 

[Complex16]

Sounds like I don't need any more advice from you. You've gotten pretty judgmental and nasty in the space of a few messages. This is a legal forum. Legal advice please.

If you want legal advice you need to pay for it from a qualified lawyer. This isn’t the place for that.

 

[sammy01]

Glass half full. I'll save you some time responding to Complex...
"If you want legal advice you need to pay for it from a qualified lawyer. This isn’t the place for that."
Well what the hell is this forum for?
This is a legal forum. It is a place people come to get opinions /advice from folk about legal matters. That comment may well be one of the dumbest things I've ever come across...

ok so the ex has made mention of some poor behaviour / possibly even dv against you in her affidavit for family law and you want to know can you use that in your attempts to prove HER accusations of DV to be lies.
Sorry mate. Waste of time. All it proves is that you should have gone for an avo first. The fact that she was violent against you does not automatically mean or prove that you were not violent against her.

I suppose you could apply for an AVO against her. But in my opinion it is just gonna make things worse. You need to work out what matters most to you. Proving the ex is a liar OR getting lots of time with your kids. If it is the latter, then work towards that goal and an avo against the ex is just gonna make this whole mess worse in the long run. Learn to play hard and fair. My thoughts, accept the avo without admission, pick your fights, this aint on worth having. Spend your time, energy and money working towards getting good access to the kids and remember the avo is not something that will stuff your family law case. Not unless you do dumb stuff to contribute to her argument. So for example applying and getting an avo against her might sound like a great laugh. BUT in family court it contributes to making a case that both parents are idiots, they can't get along and as such the kids need to be kept away from this stupidity AND that is likely to mean that you don't see your kids.

Now go put on your comfy shoes and go for a long walk, relax and focus on what is important. I'm willing to bet what is important has a name, a pulse, is under the age of 18 and looks a bit like you... TRUE?

 

[Complex16]

Glass half full. I'll save you some time responding to Complex...
"If you want legal advice you need to pay for it from a qualified lawyer. This isn’t the place for that."
Well what the hell is this forum for?
This is a legal forum. It is a place people come to get opinions /advice from folk about legal matters. That comment may well be one of the dumbest things I've ever come across...

ok so the ex has made mention of some poor behaviour / possibly even dv against you in her affidavit for family law and you want to know can you use that in your attempts to prove HER accusations of DV to be lies.
Sorry mate. Waste of time. All it proves is that you should have gone for an avo first. The fact that she was violent against you does not automatically mean or prove that you were not violent against her.

I suppose you could apply for an AVO against her. But in my opinion it is just gonna make things worse. You need to work out what matters most to you. Proving the ex is a liar OR getting lots of time with your kids. If it is the latter, then work towards that goal and an avo against the ex is just gonna make this whole mess worse in the long run. Learn to play hard and fair. My thoughts, accept the avo without admission, pick your fights, this aint on worth having. Spend your time, energy and money working towards getting good access to the kids and remember the avo is not something that will stuff your family law case. Not unless you do dumb stuff to contribute to her argument. So for example applying and getting an avo against her might sound like a great laugh. BUT in family court it contributes to making a case that both parents are idiots, they can't get along and as such the kids need to be kept away from this stupidity AND that is likely to mean that you don't see your kids.

Now go put on your comfy shoes and go for a long walk, relax and focus on what is important. I'm willing to bet what is important has a name, a pulse, is under the age of 18 and looks a bit like you... TRUE?

I’m pretty sure that most posters here have a disclaimer in their signature and recommend seeking legal advice. Why? Because they’re not lawyers. We are punters who have simply been there and done that.

Perhaps all the electronics at those ATM’s have messed with your own wiring a tad

 

[GlassHalfFull]

I’m pretty sure that most posters here have a disclaimer in their signature and recommend seeking legal advice. Why? Because they’re not lawyers. We are punters who have simply been there and done that.

Perhaps all the electronics at those ATM’s have messed with your own wiring a tad

Do you honestly feel the need to add a little personal attack in every reply you make? Is it that difficult to be civil to people?

It makes perfect sense to me that this forum exists to fill a void between complete legal ignorance and professional, expensive advice from a lawyer. The advice we give and receive here might not be of the level of a professional lawyer, but that doesn't mean it isn't useful legal advice all the same, especially since many of us have to do some of our own research and only bother our expensive lawyers when it's important to do so. Anyway, my point remains. Let's talk legal. Let's talk about our experiences where appropriate. But let's not make personal attacks and judge each other's characters, it's just not nice, and it's not helpful either. You have your opinions about people here, clearly, but it's going to be a more welcoming environment for everyone if people like you aren't so quick to judge based on limited and easily misinterpreted information.

 

[Moonpie]

Hi Mate, I am in pretty much similar situation as you are. Can we discuss personally?