An Intervention Order case In Victoria that Will last Longer than an Attempted Murder Charge.

On The 29th Nov 2011 a Magistrate handed down a Judgement that will see an Intervention Order Last for 14 Years due to a Technicality in The Law regarding Changed Circumstances, This means this order will remain in place longer than a conviction handed down by Supreme Court Justice Elizabeth Curran in an attempted Murder Charge, where the wife of a man planned the stabbing of her husband to coincide with her Husband's Birthday Party,  The Wife will serve 9 Years before being Eligible for Parole with a Maximum of 12 Years, 2 years less than the intervention order.

So You may ask what Circumstances could a Victorian Magistrate's Court issue an Order For that Period of Time, Extreme Violence??? Threats to Kill, Property Damage???. No, The Case deals with a Territorial Dispute and the Misuse Of Intervention Orders, which were used not as Personal Protection Orders but were Simply used as RoadBlocks to Stop The Defendant using a Leisure Centre he had been a Member of for nearly 12 Years. Here is a description of How Intervention Orders can Be used as Roadblocks, This Not Only Brings up Issues of Misuse of Intervention Orders, but it has serious Civil Liberties issues associated as well.

The Defendant had Become a Member at a Gym And Leisure Centre in 1990, the Picture at Left is taken from the Gym's Carpark, the street end's at a T Intersection and the defendant's ex mother - in -law lives around the corner to the right. The Defendant had gone to this leisure centre for many years before he met his future -in -laws, and his marriage lasted from 1997- 1999 and then Divorce in 2000.



In Dec 2001, The Defendant's ex-in-laws went to the Local Magistrates Court in Melbourne and Intervention Orders were issued against the defendant. These orders didn't stop The Defendant from still using the Leisurecentre, nor did they state that the defendant could, but included in the order was an exclusion Zone of 200 metres, which is a regularly used dstance on all court orders. The Defendant couldn't attend The Court on the Day because of Work Committments and the orders were granted By Magistrate White Until Further Order.. This Is When The Battles really Began.and the Craziness started.

The Defendant would attend his aerobics classes and after he Got Home, there would be a Knock on The Door By The Police. Have you been to the Leisuirecentre Today he was Asked, Yes I have was His Reply, I have Been a Member There for over a Decade now and go to The Gym 3 or 4 Times a week,So What???. We Have had a complaint from your ex-Mother-in-law that you Breeched the Intervention Order By Being Within 200 Metres Of Her Home.

Despite The Fact that None Of The Defendant's ex-in-laws were in the Leisurecentre at The Time, They showed a map to the  Police and claimed that one end of the Pool ( Pictured Left ) was within 200 Metres Of The Defendant's Ex Mother -in-laws Back Fence, which meant the Defendant was Breeching the Intervention Order.

To say The Defendant thought this was ridiculous, is an Understatement.



The Ex Mother-in-law Could have gone to The Magistrate's Court and sort a Variation to the Order That Barred The Defendant from the Leisure Centre, something they did not seek when the Intervention Order was originally issued by Magistrate White in December 2001. They opted to call The Police anytime they saw the Defendant's Car in The Carpark of The Gym.

The Defendant became rather Sick of The Police coming to his Door during the early Months of 2002 after he had been to the Gym for an Aerobics Class, the Defendants  Ex-In-laws Were Trying to Make The Defendant's Normal Activities into a Criminal Offence  Despite The Fact he had been going to This Gym since 1990.

 What The Defendant Did then was Park His car In Conway Court rather than The Gym's Carpark and Then walk Up The Street To The Gym, this stopped the Police coming to The Defendant's Door, but The Problem was he had to walk Past His Ex Mother-in-law's Best Friends House to Get To The Gym.

This then became the Basis For another Ridiculous application for an Intervention Order when The Woman Claimed "The Defendant" was parking not Far From The Woman's House and was Stalking Her which was Totally Ridiculous, as He was only walking up the Street To attend Classes at The Leisure Centre.

The Matter went before the Magistrate's Court and The applicant agreed with The Defendant's Barrister and Agreed to an Intervention Order of Just 3 Metres.






.