Tuesday, August 30, 2011

Cat Feeding Intervention Orders.

Just How Ridiculous Intervention Orders can Be Is Highlighted By The Cat Feeding Container Intervention Order that lasted from 2002 Until 2009, a Total of 7 Years.

In 2002 The So called Affected Family Member issued an Intervention Order claiming that her Cat feeding Containers as Pictured Left were Disappearing.

The Defendant in This case was the Former Son-In-Law of Her Best Friend.

The Woman Told The Magistrate that where she fed the stray and Feral Cats was her place of work, She said The Council Paid her to Feed the cats that lived behind shops at a strip Shopping Centre. The Woman asked The Magistrate that she be awarded costs from the Defendant to cover the costs of the missing Containers.

The Defendant had over a period of 11 years used the road at Left to attend a Gym and Leisureworks at The End Of The Street that the Woman Lived In.

At One Point The Defendant Parked his Car in Conway Court and walked up the Street To The Gym past the Woman's House.

In The Woman's Statement of Complaint she Claimed that The Defendant was Parking not far from Her House And was Stalking Her. Which was absolutely Complete Nonsense.

The Woman told the Magistrate that there had never been any incidents at Her Home, Her Only Concern was the Disappearance of her Cat feeding Containers which she fed on a Nightly Basis.

In 2002 The Woman agreed to an Intervention Order of 3 Metres to last for a period of 12 Months as agreed to with The Defendants Barrister.

You Have to ask yourself how ridiculous the Intervention Order Needs to Be Before the application is Rejected by The Magistrate. What makes it worse is the Registrar allowed the Woman to issue a Variation For 25 Metres just a few weeks later. When The Defendant went to Court The applicant didn't appear at Court and the Variation was Struck Out.

The Catwoman had also Given a false Statement to the Court, Because The Defendant Contacted the Local Council and asked them Whether They paid The Woman To Feed The Cats, they said they had never paid anybody to feed the cats, Nor would they in The Future.

Over The Next 12 Months there were no complaints made to Police for any Breeches of the Order By The Catwoman and She did Not apply to the Magistrate's Court for an Extension of The order , But 2 Months later when The Defendant applied to Vary his Ex-Mother-in-laws Intervention Order, The Catwoman went to The Court and applied for another Intervention Order.



The Defendant considered the Catwoman's New Order, Pure Retaliation for applying to Vary His Ex Mother-in-law's Intervention Order, who was her Best Friend. The Catwoman was trying to be a Pest With Her False allegations by creating a Legal Roadblock to the Defendant's access to the Gym and Leisure Centre at the End Of Her Street.

  In 2003 the matter came before Magistrate Denise O'Reilly over the Disappearance of The Cat Feeding Containers at Left.

Despite the Fact The Original Magistrate said that he Couldn't issue an Intervention Order to Cover the Cat Feeding Containers that were in a Public place.





Magistrate Denise O'Reilly Issued an Order that Covered The Whole Shopping Centre For a Period of 5 Years!!!!. The Defendant and His Barrister Could't Believe it???. She also Ordered that any Future Variation's of the Orders had to Be Heard By Her.

What Magistrate Denise O'Reilly Decision did was make it a Criminal offense for The Defendant to shop at Any of the Stores Pictured Below for a Period of 5 Years!!!. Despite there being no allegations of Violence, Threats Or Property Damage Whatsoever. Simply Unbelievable when you Consider that some of these shops are at least 100 Metres from The Catwoman's Cat feeding Containers!!!!.

  


  You would Wonder what The Magistrate's Decision would be if people placed Cat Feeding Containers out the front of a Magistrate's Court as  Pictured Left???. According to The Local Council there is no By Law that makes it a criminal offence to feed Stray and Feral Cats in Public Places???. Would the Magistrate issue an Intervention order against anybody who removed the Containers from this site outside the Court??. I Don't think any Magistrate would do this, let alone issue one for a period of 5 Years.  A leading Magistrate has said he doesn't issue Intervention orders for any longer than 3 Years!!!.
This Took The Order out from 2003 Until 2008, Over This Period the Defendant had no Contact at all with the Catwoman, but in 2008 the Catwoman applied to the Court to have the order extended for another 12 Months stating that she had been receiving hang up Phone calls.

In Court The Catwoman produced no Evidence to support her Allegations, when asked if she had the Phone calls traced she Replied, well I Don't know whether it was the Defendant or The Indians, Who are telemarketers. She was then asked why she hadn't reported the Phone calls as a Breech of an Intervention Order to Police, Once again she gave The Same Reply.

When The Catwoman was asked to supply a list of The Times and Dates of The Calls, she went to her bag and then said she had left the List at Home.

The Magistrate then asked the Defendant to consent to an Undertaking, to which the Defendant replied that there was no evidence to support the Signing of an Undertaking. The magistrate then granted the Extension of the Order For another Year, which stated the Defendant Could Not Stalk the Catwoman.

The Defendant had not driven down The Catwoman's Street Since 2003!!, This was Five Years later and the Extension was still granted, Totally Ridiculous and Unneccessary, But That's Exactly what happens in many cases that are heard before Victorian Courts. There was no Criminal Intent in this case The Defendant Merely wanted to use The Gym Facilities at The End Of The Street and there was no way to do that except drive Down The Street.

What is very strange about this Intervention order is On The Other side of The Street The woman also fed Stray and Feral Cats Under a Community Hall as well, The Catwoman must have fed them well on a daily basis, because the owners of the Hall ( Pictured Left ) Went to the expense of Installing Thick Chicken wire around the Base Of The Hall to stop the cats getting to the food that the catwoman Fed Them, She also left Milk and water Under The Hall for the Cats Too!!.

Also The Catwoman never attended the facilities at the end of her street that the Defendant had been going to either.What makes it even more Ridiculous is the fact the Court deemed The Woman to be a protected Witness??? Over Cat Feeding Containers????. Totally Ridiculous.


Wednesday, August 17, 2011

Wasting Court Time On Ridiculous Intervention Orders.

The Newspapers in Melbourne have Run Reports on How Intervention Order applications are Clogging Magistrate's Courts In Melbourne And Victoria, Here is an example.

The applicant was sitting in The Witness Box In Courtroom 8 and had applied to extend the Intervention Order For another 12 Months.

Have There Been any Breeches of Your Intervention Order asked The Magistrate??.



Yes There Have Been Your Honour replied the applicant, On Many Occassions But he has not been charged by The Police.

Can You tell the Court an Example of How the Order is Breeched asked The Magistrate.

Well, He Comes Over to Our House, Sometimes He Knocks, Other Times he walks straight in, he then goes to our fridge and Drinks Our Beer and then we can't get rid of Him, He Comes Over To Our Place because he hasn't got any Friends. He Uses Our Telephone and he stays until 2 O'clock in The Morning, we Ring The Police but they don't Charge Him With Breeching an Intervention Order, They Just Take Him Home.

Incredibly, The magistrate adjourned the case until the Defendant could be found and served with the Court Documentation on the application for the time extension of the Order.

Sunday, August 7, 2011

Police Inaction & Rhetoric

On December 8 2009, I went to a local 7/11 store at about 5.15PM to fill my car with Petrol. Out of the 7/11 store came a man and a woman and a young Child. The Man started waving his arms around and yelling at the woman and the Young Child, as I approached the store the man grabbed the woman by the Blouse in a very aggressive way and the woman began to cry, all this happened with the young child by their side. I Entered the Store and told the Attendant he should call the Police as this situation was becoming very serious, the Police were called and given the Registration Number of the Vehicle the People were driving. A woman who entered the Store said she knew the people involved and could give us the Address of Where the People Lived.

  I then Left The Store to attend a gym class after which I went to the Local Police Station to tell them I had witnessed the family Violence incident outside the 7/11 Store, I gave the Police my name and Phone Number to contact me so I Could give them information on the Assault.

 Later that day I got a call from a Policewoman saying that a van from a neighboring Police Station had attended the Store. I Then Rang that Police Station and told them I had witnessed The Incident and gave them my name and Phone Number.  The next day I went to the police station where the police car was dispatched from and spoke to a police woman at the Counter. She seemed very disinterested; I said to her that in these cases Police have the Power to apply for an Intervention order on behalf of the woman who was being threatened. The Police woman said she was unaware of this Police Power and said it was up to the Woman to apply for an Intervention Order from the Court.

The Police woman then said there were strict Guidelines that the Police had to follow to gain an Intervention Order; an Order wouldn't apply if the couple wasn't actually in a relationship, the Police Woman's attitude was one of  Complete Disinterest. Later that day I rang the Police Station again and this time spoke to a Police Officer who had actually attended the incident at the 7/11 store. I gave Him My name and Phone Number and told him I had witnessed the family Violence Incident out the Front of the 7/11 store. He thanked me and I have heard nothing from the Police since that Time.

   On The Morning of June The 1st 2010 I was again at The Gym and other members were saying that they had heard of a Fire at a Local Service Station. On The Way Home I called Into The Local Supermarket and saw what had happened at The Service Station Next to The Supermarket (Pictured Left).


A woman had been stabbed and set alight, It was not The Police who tried to come to the Woman's Aid but a number of Very Brave Members Of The Public. Tragically the Woman Died later that Night and Her Male Partner was Charged By Police With Her Murder.

 On The Television and in Local Newspapers a Senior Policeman said that they were taking a Zero Tolerance To Family Violence and The Force needed to take a Tough approach To Offenders.

Ironically The Police officer was from The Same Police Station that I approached the Police Woman at The Front Desk at, Over The Dec 9 2009 Family Violence Incident at the 7/11 Store. Somehow I Don't Think The Rhetoric Really Matched The Reality.

Saturday, August 6, 2011

Your Honour, This is My Home not Hers.

Intervention Orders can affect where you live in many ways and can also produce some very strange and inconsistent Court Decisions.

 The female Owner of The property who also Lived at The House was having Disagreements with the Female Boarder who lived With Her. The Owner went on Holidays to stay with Friends and Told The Boarder the address of where she was staying while on her Holidays.

The Boarder then went to a Magistrate's Court in Melbourne and had an Interim Intervention Order Issued against the owner and it was served on The Owner at the Holiday address of Her Friends.

The Owner appeared at Courtroom 8 and Told The Magistrate that she wanted to return to Her Home.

 It was then explained by the Magistrate that the Boarder had a legal Right to be in Her Home Because She was paying Rent To Her and the Owner would have to stay 200 metres away from The House until the Contested Hearing could be heard by The Court, which was some weeks away.


The Owner Protested telling the Magistrate that Her Holidays were over and she needed to return home and go back to Work. She was advised that she would have to find alternative accommodation until the Contested Hearing could be heard by The Court. To say the owner was Unimpressed with the Magistrate's Decision was an Understatement.

Compare that decision with an Application made to The same Court by a Male Applicant.


The Guy had been Living in Rented accommodation With His girlfriend who had decided to Move Out and Live with Another male who was Involved with Drugs. Unfortunately The Ex Girlfriend would turn up to The Ex Boyfriends Place in The Early Hours Of The Morning High On Drugs and very abusive.

The Ex Boyfriend Applied for an Intervention Order to Stop His Ex Girlfriend From Waking him up and disrupting his Routine at the House.

The Female Magistrate in Courtroom 8 Explained to the Applicant that his ex Girlfriend had a right to enter the House Because her name was on The Rental Agreement and therefore had a legal Right to enter The Property and Because there weren't any Children Involved, there were no Grounds for her to issue a Final Intervention Order against His Ex Girlfriend.



The applicant then said, what am I supposed to do about this Situation. The Magistrate replied, this is a Rental Property, The Best Solution Is for you to Move. I Don't want to Move replied the Applicant. Well that's the Best Solution replied the Magistrate and Then rejected The application For The Intervention Order.


 There are also other Various ways for people to apply for Intervention Orders.

A father was having disagreements With His 25 Year Old Daughter who was still living at Home With Her Parents. The Father suggested that it was probably about Time for The Daughter to Move out Into a place Of Her Own. Much to the Father's Frustration his Daughter issued an Interim Intervention Order against him.

He appeared Before the Magistrate and Told His Honour that this was a Frivoulous Order By His Daughter and all he wanted was for his daughter to Move Out and Stop Disrupting his Home.

The Magistrate said that the Court did Not issue Frivolous Intervention orders and The matter would be adjourned to a Contested Hearing.

 Why didn't the Magistrate simply suggest to the Daughter that she Find Alternative accommodation and Move Out Into a Home of her Own??.

Thursday, August 4, 2011

Victorian Courts are issuing Orders Against The Elderly.

Everybody thinks that Courts only issue Intervention Orders against Violent and Threatening People, In Victoria this is not True, It doesn't matter what age you are or what the Situation is, You can Have an Intervention order issued against you, Here are Some examples.


The elderly Woman's Daughter had issued an Intervention order against Her Mother. I was in Courtroom 8 as the woman shuffled into the Court On Her Walker. The Woman was seeking a variation to Her Daughter's Intervention order because her daughter worked in a store that had branches at 2 Large Shopping Complexes in Melbourne's East and a smaller Store.

Your Honour the Woman said, I am Having trouble shopping and need the Court To Clarify which Shopping Centres I can Use so I Don't Breech My daughters  Intervention Order. I have to be able to Shop Somewhere the Woman Pleaded.

The Magistrate agreed that the Matter needed to be clarified and Granted the woman Leave Of The Court To apply to Vary the Intervention Order. The case would need to come back before the Court at a Later Date. These Types of Orders are Not unusual in Victorian Magistrate's Courts.








    In another case an Elderly Woman in a Retirement Village issued an Interim Intervention Order against another Elderly Woman From The Retirement Village. The elderly applicant Told the Magistrate she wanted the Defendant stopped From going past her unit 4 Times a day to Only Twice a day. The Defendant responded by saying that she was only going past to Visit other People in the Village.

The Magistrate asked The Elderly applicant's carer about the Layout of The Retirement Village and was told that there were Concrete Paths 20 Metres either Side of The Woman's Unit.

The Magistrate then issued an Intervention Order for 12 months that the Defendant was not Permitted to go within 20 Metres of The Applicant's Unit and would have to use The paths either side of the Unit.

I am Not kidding, These are Real Intervention Orders issued in Victorian Magistrate's Court's. I was Outside Courtroom 8 where a Woman Told me that she was 63 Year's old and had never been in a Court in Her Life But Her Son Had Gone to the Registrar's Counter and had an Interim Order Issued against her, she was there to Contest the Order. I have seen another Woman Crying in Court pleading with The Magistrate to let her at Least be able to Ring Her Son.

These Women were not Violent And aggressive or Dangerous Women on Drugs, just average people you would see on the train or the street everyday.