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From Victoria Melbourne. I was in a relationship with my…

Hi my name is...

Hi my name is ***** ***** Victoria Melbourne. I was in a relationship with my ex-partner for 2 1/2 years & 4 weeks ago she got an IVO against me preventing me from getting access to my mortgaged house which i was the sole owner & only party making payments to it. i engaged some lawyers over here & offered her $5K to move out of the property within 2 weeks of time but she didnt seem bothered in responding or moving out of the house. i was advised to consent to the IVO by my lawyers here with the hope that i would be able to return to my property asap. However the initial IVO taken out by police was baseless in that she was drinking all night & we had an argument over that which resulted to her calling the police & lied to them that i had assaulted her. So the IVO was taken so as to protect both of us but somehow i was moved out of my property and the IVO has been extended to 2 years. What options do i have to quickly resolve this matter. We have been engaged for a year & i had made payments for lobola $13K to her family.

Lawyer's Assistant: Have you talked to a Victoria lawyer about this?

Yes

Lawyer's Assistant: What steps have you taken so far?

We have requested her to move out of the property and offered her $5000. but she has not responded to us

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just want to seek some advise

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Answered in 5 minutes by:
3/21/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon

The IVO been made by the court as a final order?

How long ago was made a final order, and did you accepted or did you have a hearing opposing it?

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Customer reply replied 4 months ago
IVO was finals order I was advised to accept it on the basis that we would fast track me moving back to my property. Finale order now for 2 years set on the 21/2/18

Good Morning

Do the orders say you cannot go to the house?

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Customer reply replied 4 months ago
they prevent me from being away from my property 200 metres and can’t be 20metres away from the protected person

Good Morning

Because you have agreed to it, you have only one option and that is to seek to set the order aside.

You are going to have to fight the order and because you agreed to it an appeal is going to be hard.

Your best option is to have a solicitor that practices in Criminal law look at the order and the facts. You also have to prepared a detailed statement as to your version of events and why you agree to it. If it was for bad legal advise then you set out what you were told.

You have to have ti set aside or you will not be able to go into your home.

Also this is really a family law matter and if you say that she has no real fear and this was used ot get sole occupancy and misusing the IVO this should be shown the court/
The law institute of Victoria will refer you to a solicitor that practices in Criminal law.

Their website is as follows

https://www.liv.asn.au/

Here is some information about appeals that you should look at

https://www.countycourt.vic.gov.au/sites/default/files/forms/Intervention%20Order%20Appeals.pdf

You have to appeal or apply to have it set aside.

This is your only option.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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