Victoria Police made an intervention order application for the protection of Marisa against her ex-husband, Todd. An Interim Order was made for Marisa’s protection, allowing communication by Todd. Todd also made a cross-application against Marisa and a mirrored Interim Order was made for Todd’s protection. Almost immediately after the making of the Interim Order, Todd reported an alleged breach of the order. Marissa was not immediately charged, and in the meantime both intervention orders came back to court two more times. Summaries of evidence were required to be filed by both Victoria Police for Marisa’s application, and by Todd for his application. Todd repeatedly failed to file material and Marisa sought assistance from BGCLS. The court noted that Todd was failing to engage with court the process and warned that he must file material prior by the next set date.
Once Marisa was charged with the alleged breach of the interim order, she contacted BGCLS again for assistance. BGCLS negotiated with Victoria Police and sough a withdrawal of the criminal matter against Marisa. The breach reported by Todd appeared to have been based on an incident prior to the making of the Interim Order. Furthermore, even if it had occurred after the order was made, it was questionable that the incident was a breach as the order in place. The long history of family violence was outlined to prosecution together with the borderline abuse of process engaged in through the family violence proceedings by Todd. After considering these matters, prosecution ultimately agreed to withdraw the charge.
When Todd finally filed a summary of evidence for his application against Marisa, there was minimal evidence of family violence in his material. Marisa nevertheless made the decision to consent without admission to an order against herself, provided Todd did the same. She no longer had energy to continue the court process which at that stage had been going for approximately 15 months and required her to attend five hearings from the first application.
Once Marisa was charged with the alleged breach of the interim order, she contacted BGCLS again for assistance. BGCLS negotiated with Victoria Police and sough a withdrawal of the criminal matter against Marisa. The breach reported by Todd appeared to have been based on an incident prior to the making of the Interim Order. Furthermore, even if it had occurred after the order was made, it was questionable that the incident was a breach as the order in place. The long history of family violence was outlined to prosecution together with the borderline abuse of process engaged in through the family violence proceedings by Todd. After considering these matters, prosecution ultimately agreed to withdraw the charge.
When Todd finally filed a summary of evidence for his application against Marisa, there was minimal evidence of family violence in his material. Marisa nevertheless made the decision to consent without admission to an order against herself, provided Todd did the same. She no longer had energy to continue the court process which at that stage had been going for approximately 15 months and required her to attend five hearings from the first application.
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BGCLS Acknowledges the Traditional Owners of the region we service, their diversity, histories and knowledge and their continuing connection to land, water and community. We pay our respect to all Aboriginal and Torres Strait Islander people, their Elders past present and emerging.
To find out more about the service please follow this link: About Us
BGCLS Acknowledges the Traditional Owners of the region we service, their diversity, histories and knowledge and their continuing connection to land, water and community. We pay our respect to all Aboriginal and Torres Strait Islander people, their Elders past present and emerging.
Many images of Ballarat and surrounds by photographer, Andrew Thomas. Visit Andrew's website to see more of his beautiful images - http://www.andrewthomasphotographer.com/