IVO Struck Out – Justice Prevails
I represented a client who was the Respondent, and she maintained the allegations made against her in an Application for an Intervention Order were unfounded and completely fabricated.
According to the Respondent, the Applicant’s intention was to remain in Australia on a Visa using family violence as the draw card. The Applicant alleged harassment, stalking, and property damage to his vehicle whilst driving and maintained they were separated for three and half years in the Application.
Client maintained she had not seen him for three and half years, was not on the road and as such had not damaged the Applicant’s vehicle nor stalked him on Facebook. Yet the Applicant had forgotten that he had previously sent her a litany of abusive and derogatory messages via the mobile and emails three years ago, which was a clear goodbye! The Respondent then married.
Carmella’s Preparation: Respondent was advised to provide strong alibi evidence, character references, and past texts/emails showing contradictions and the possible third‑party interference. There were clear contradictions of time and events notably the Applicant’s claims conflicted with prior abusive messages he had sent years earlier. On the day of the court hearing the Applicant failed to appear at 10am, 11am, and 12 noon despite the new court location being widely publicised. Carmella sought a strike-out Application on this basis.
Outcome: Magistrate struck out the Application due to his non‑appearance.
✅ Justice served. ✅ Case closed.
⚖️Client Guidance
Focus forward, avoid looking back, no contact, maintain situational awareness at all times. Be vigilant and think critically, especially when choosing a future partner and more importantly “You don’t have to put up with it.”
⚖️Takeaway Message
Question: Are allegations made in an Application for an Intervention Order (IVO) taken seriously by the court?
Yes, allegations made in an Application for an Intervention Order (IVO) are taken seriously by the court. Even if they later prove to be false or exaggerated, the court treats them as genuine claims at the outset because IVOs are designed to protect the affected person, children from potential harm, ensure their safety and to preserve any property. Sec 52A of FVPA.