Cross-Order Resolution
The individual is currently involved in an Intervention Order (IVO) situation in Victoria, Australia, where their spouse has obtained a cross order against them. The individual claims the cross order was made under coercion. They wish to urgently communicate with their spouse regarding the dissolution of marriage and property settlement. The case involves issues pertaining to both Family Law and Property Dispute matters.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I legally communicate with my spouse if there is an Intervention Order in place against me?
In Victoria, if an Intervention Order (IVO) is in place, you must strictly adhere to its terms, typically prohibiting direct contact with the protected person. However, communication regarding property settlement and marriage dissolution can often be facilitated through a solicitor or a mediation service. You might consider applying to the court to vary the IVO to allow indirect communication specifically for these matters. Engaging a lawyer to communicate on your behalf is a common approach. Be cautious, as breaching an IVO can have serious repercussions.
What steps should I take to address the claim that the cross order was made under coercion?
To address the claim that the cross order was made under coercion, gathering evidence to support your assertion is key. This could involve obtaining communications or documents that indicate coercion, such as text messages or emails. Additionally, a witness statement from your spouse may be beneficial. It may also be prudent to apply to the court to have the order reviewed or set aside, citing coercion as a key factor.
What are the legal implications of the Intervention Order on resolving our marriage and property matters?
The Intervention Order (IVO) may limit direct communication between you and your spouse, impacting negotiations related to marriage dissolution and property matters. The IVO may prevent you from contacting your spouse directly, complicating discussions about property settlements. You may need to engage a solicitor or a mediator to facilitate communication within the legal boundaries set by the order.
Can the Intervention Order be varied or revoked to facilitate communication for property settlement purposes?
An Intervention Order (IVO) in Victoria can potentially be varied or revoked, but this requires a formal application to the court. The court will consider the safety and welfare of the protected person as the primary concern. You would need to provide evidence showing a substantial change in circumstances or that the order is no longer necessary. If the order restricts communication for property settlement, you might request adjustments to allow for necessary discussions through legal representatives or mediation.
How does the Intervention Order affect the timeline and process for dissolving our marriage and dividing assets?
The presence of an Intervention Order (IVO) can complicate the timeline and process for dissolving a marriage and dividing assets. It may restrict direct communication and potentially delay negotiations or court proceedings. You may need to engage legal representation or use an independent third party to facilitate communication.
