Apprehended Domestic Violence orders dismissed in court after other party failed to attend Court

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Our 28 year old client is a single mother of 3 year old daughter living in Victoria.

Following an altercation with her husband, Victoria Police initiated an Intervention Order (IVO) against our client’s husband in order to protect our client (also known as an AVO in NSW).

In retaliation, her husband then issued a private cross IVO against our client. He used the IVO to not only seek protection against our client, but also as a means to try and seek orders for the return of his marital property with custody and access to their child.

What complicated the proceedings is that they also had simultaneously family law proceedings on foot.

The matter was initially listed for a Mention where the matter was then adjourned for a Directions Hearing after both parties opposed the IVO’s.

She contacted CDLA and was immediately put through to our Managing Senior Lawyer Tayla Regan for urgent advice.

Our Tayla immediately began the preparation ground work in attempts to get the IVO withdrawn early. Negotiations were conducted by contacting her husbands’ lawyers who refused to withdraw.

On a later Directions Hearing date, Ms Regan appeared in the Moorabbin Magistrates Court, Victoria. Our client’s husband knew of the court date and did not appear. Ms Regan made submissions to the court, pressing for the police initiated IVO against her husband to be made final in favour of our client. Further submissions were also made to dismiss the Private cross IVO initiated by the husband against our client. It was a crucial opportunity to take given that her husband failed to attend court when required to.

In the result, the magistrate heard all submissions and agreed to dismiss the IVO against our client and made the IVO against her husband final. The IVO protecting our client was made final in strict non contact terms. The private IVO laid against against our client was dismissed in its entirety.

This is a great outcome for our client who avoided a final contested hearing date which would have caused significant delay and pressure. Now our client can move on without court proceedings hanging over her head without it adversely affecting her family court proceedings especially in relation to child custody disputes in the Family Court.