Intervention Orders were originally designed to protect Women from being assaulted by their husbands and Partners, but overtime there has been a large increase in the Misuse of Intervention Orders for other reasons. With the Current Legislation they can be used in any type of Civil Dispute, even if there has been no Violence.
In a report it says hundreds of these orders are even being obtained in The Children's Court as students take legal action to settle differences, in some cases teachers are forced to keep students at least 200 Metres apart, even though they go to the same school. Principals have complained that they have become virtual wardens to enforce the Courts Rulings. A teenager took out an order against another student who spread rumors about her on Myspace.
A principal contacted the Children's Court asking them not to issue an Intervention order as it was totally impractical in a school environment. An Opposition Education spokesman said Common Sense not Intervention Orders should be used in these Disputes. What an understatement!!!. I have seen Parents granted an Intervention against their 13 Year Old Son. Should Intervention Orders be used as a Parental tool to make your Children Behave????.
So Instead of being used to protect women and Children in Family Violence cases, the Courts have taken an Open Slather Approach to the Intervention Orders they issue, which means those people who are at risk of Violence are not protected because of the overuse of Intervention Orders.
In One Case a woman who owned and was living in a house was having disputes with the Female Boarder who was living with her. The Female owner left her house on a holiday to visit friends for a couple of weeks. The Boarder then issued an interim intervention order against the owner, which meant that the owner could not come within 200 metres of her own home. The Interim Order was served on the owner at her friend's home. When the matter came before the court, the defendant who was the owner of the house told the Magistrate that she wanted to live back in her own home. She was told by the Magistrate that the Boarder had a legal right to be living in her home because she was paying rent to her.
The owner was then told by the magistrate she would have to wait to get back into her home until after a contested hearing was heard by the court, which would be at a later date, a number of weeks away. She would have to pay for alternative accommodation until then. Even if you own the Property, the court can still force you to leave your own home, or in this case stay away from it. Should a boarder have more "Legal" rights to live in a home than the owner of the Property, simply because they have gone to a court to get an interim Intervention Order issued?
This type of dispute which has nothing at all to do with Family Violence then raises the question of a Persons Civil Liberties in Regard to the Misuse of Intervention orders. The Owner of the house surely had more of a right to live in her own home than the Boarder??.
In another case a woman had an intervention order taken out that stopped her husband drinking beer in his own Home.
Even a Victorian Magistrate has had an Intervention Order issued against Him; His Neighbours have accused him of Stalking and harassing them and say they are in constant fear after an alleged barrage of Intimidation and Offensive Language. The Magistrate has also been accused of baiting his neighbours dog with a poisoned Pie. They also claim the Magistrate began yelling profusely and Swearing Offensively when they asked him about the dog bait. It is alleged he hit a man and threatened to throw Dog Excrement at him. It is also alleged The Magistrate did $10,000 worth of damage to a Range Rover's Paintwork. A charge of Criminal damage was also laid against the Victorian Magistrate. The Magistrate has pleaded guilty to the assault and property Damage Charge.
If Magistrates are having Intervention Orders issued against them based on serious allegations, then what sort of an Example does it set for the Victorian Public??
With The Ridiculous laws we have in Victoria, a person may not have harmed anybody and have no criminal intent whatsoever, but that does not stop an intervention order being issued against you. In another case that went before a Victorian Court, there was a dispute between neighbours regarding the pruning of trees, the magistrate described to the defendant how he thought the trees should be pruned, Photos of the trees were passed between the defendant and the Magistrate, in the end the Magistrate told the defendant that he Took Breaches of Undertakings Seriously and if he didn't prune the trees within 3 Weeks the Intervention orders would be issued and the police would then become involved, this case took an hour and thirty Minutes of Court Time. This is how farcical the intervention order process has become in Victoria; it was like an episode of Jerry Springer.
In 2009 Rugby League Star Greg Bird won an appeal against his reckless wounding conviction. In June Greg was sentenced to a minimum of 8 Months Jail with a maximum of 16 Months after a domestic Argument. At The appeal held at Sydney's Downing Centre District Court, Greg Bird's Girlfriend told Judge Michael Finnane that she was drunk and had been snorting her ADHD drugs "Like Cocaine" when she arrived at the flat and had begun punching and Scratching Bird. I had been "Quite Irrational" and in an agitated state and had begun smashing things and ripping up Photo's, I was just trying to get a reaction, i was going crazy, I lunged at Greg with a glass. Judge Finnane said Greg Bird did not Strike His Girlfriend or Shout at Her, what he did was grab his girlfriend's Wrists as she was attempting to thrust the glass into his face, grabbing a wrist is in no sense a hostile act, her wrist was forced back and the glass smashed against her face, it was a case of self defence. Outside court Greg Bird and his girlfriend said they were relieved about the Court's Decision.
The Problem is an innocent man could have gone to jail for at least 8 Months or a maximum period of 16 Months, Simply because he was a Male Sports Star. In Western Australia John Button Spent a Number of years in Jail despite the Fact Serial Killer Eric Edgar Cook Confessed to the Murder of Mr Button's Girlfriend Rosemary Anderson.
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