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??.

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