Being slapped with a false Intervention Order (IVO) claim can be a harrowing experience.
Your reputation, personal life, and even your freedom could be at stake. So, how do you protect yourself?
Steps to Take When Confronted with False IVO Claims
Here’s a step-by-step guide to help you navigate this tricky terrain.
Step 1: Seek Legal Advice
The first thing you should do is consult an experienced lawyer who specializes in IVOs.
They can help you understand the law’s nuances, rights, and obligations.
A legal expert can also guide you through the process, from the initial hearing to potential appeals.
🔑 Key Takeaway: A specialized lawyer is your best ally in fighting a false IVO claim.
Step 2: Gather evidence 📁
Start collecting all the evidence that can support your case. This could include:
- Witness statements: Anyone who can vouch for your character or provide an alibi.
- Photographs: Any visual evidence that can prove your innocence.
- Text messages, emails, or other correspondence: These can show the nature of your relationship with the claimant.
- Financial records: Sometimes these claims can be financially motivated; showing a lack of motive can be helpful.
🔑 Key Takeaway: The more evidence you have, the stronger your case will be.
Also read: 2 Types of Intervention Orders and Their Differences
Step 3: Attend the Hearing ⚖️
Attending the IVO hearing is crucial, even if you have legal representation.
Your presence shows the court that you’re taking the matter seriously and allows you to present your case.
🔑 Key Takeaway: Your presence at the hearing is not just obligatory; it’s an opportunity to fight for your rights.
Step 4: Appeal the Decision
If the court grants the IVO, all is not lost. You have the right to appeal the decision.
However, this is a complicated and potentially lengthy process that should only be undertaken with the guidance of a legal professional.
🔑 Key Takeaway: An appeal is your last resort, but it’s a complex process that requires expert legal advice.
Also read: Making a Statement to Police About Domestic Violence
What Constitutes a False IVO Claim?
A false IVO claim is an application for an Intervention Order based on inaccurate or deceptive information.
These claims can be made either to the police or privately and have severe consequences for both parties involved.
🔑 Key Takeaway: Understanding what constitutes a false IVO claim is the first step in defending yourself.
Legal Consequences of False Claims
While making a false IVO claim is not technically a criminal offence, it can lead to criminal charges for providing incorrect information to the police or a court.
🔑 Key Takeaway: False claims can backfire, leading to legal repercussions for the claimant.
Common Reasons for False Claims
False IVO claims can be made for various reasons, such as emotional distress, personal gain, or to gain an advantage in a legal dispute.
🔑 Key Takeaway: Understanding the motivations behind false claims can help you better prepare your defence.
Consult With An Experienced Lawyer
Defending against false IVO claims in Court Services Victoria is a complex process that requires a solid understanding of the law and your rights.
Consultation with an experienced lawyer is crucial for constructing a robust defence.
Remember, IVOs are significant legal matters that should not be taken lightly.
🔑 Key Takeaway: Knowledge is power. Equip yourself with the right information and legal advice to successfully defend against false IVO claims.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
5 thoughts on “What to Do If You Face False IVO Claims”
Thank you for taking the time to give people vital information they need. I was attacked and the attacker put a false ivo on me. I do not know what to do. But your information has helped. Thank you 😊
My xscmother has jade lies in a avo
Hi Victoria, you have the right to contest the AVO and apply for it to be varied or revoked. This would generally involve gathering evidence and witnesses that can support your case and demonstrate the inaccuracies in the claims made against you. Professional legal advice can assist with navigating this process effectively. It is important to keep in mind however, that it will be at the discretion of the court to decide whether to keep the AVO in place based on all evidence presented to them.
Hi, My name is Vijay. My ex-wife filed a false family violence case against me for her personal gain and her next visa opportunity and now I am fighting against the IVO order in the court. We were already separated before 1 month of this case.
How can I prove my self not guilty and what actions I can take against this harassment?
Your little help and guidance will save me from this stress.
Thank you
Hi Vijay,
I’m sorry you’re facing this. To defend yourself, gather evidence of your separation and interactions, document everything, and seek a lawyer specialising in family law. Collect character references and counter-evidence if applicable. You may also explore a counterclaim for defamation or harassment with legal guidance. Seek emotional support as needed.