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How can an iterim intervention order be removed?

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My case is a long and complicated one, so I will not go into all of it, but will write where it currently stands and what i need advice on.

The cops took out an interim intervention order preventing my boyfriend from having contact with me. They did so because they thought I was at risk, which I'm not. Obviously, I don't want this interim order in place, as I want to have contact with my boyfriend! I tried talking to the cops and explaining to them that I was in no danger, but because of my age, I don't have much of a say in anything. Nothing I've said has made a difference in how the cops view the situation.

When the interim order was first put into place, there was no evidence that my boyfriend had done anything wrong. However, they took his laptop, etc and only just finished searching those last week. Yesturday, I was informed that material - videos, photos - of my boyfriend and I performing sexual acts had be found and that they have charged my boyfriend for those because he is 31 and I am 17, a minor. Apparently it is illegal for pornographic material to be made of a person under the age of 18. Both my boyfriend and I knew nothing of this at the time and were merely having some innocent, loving fun and doing the things couples do (none of the material was made to be viewed by any other than ourselves). So, to me, it seems ridiculous that they are going to charge him over something that was doing no one any harm! Everything we did was consensual.

The problem is I want to try to remove this interim order, so that my boyfriend and I can get back together, move back in with each other and continue to live our lives together. However, this matter is going to court in a couple of months and I am concerned that when the judge sees this material it will make my task of attempting to remove the interim order even more impossible, as, even though I see what we were doing as innocent, I know realistically, the judge will not look at it that way (especially because of the age - every one always looks at the big age gap between my boyfriend and I and judge and assume our relationship must be bad just because of that!) So my thoughts are that when the judge sees the material, there will be no way of he/she letting my boyfriend and I come back into conact with each other.

So without all my rambling, I would like it if any one had any advice on: 'Whether the interim order can be removed and/or whether I can influence the judge's/cop's view on the situation? If so, how? What do/can I do?'

My situation is made extremely difficult as I am a minor, therefore I believe I do not have much of a say in anything myself. However, I am determined to get my life (my boyfriend) back. THis whole ordeal has upset my life greatly, effected me greatly and put me under a lot of stress. I just want to be back with my boyfriend - help!

 Your advice would be much appreciated, as I cannot seem to find any one who will listen to what I have to say and help me.
Devil's angel, when the POLICE take out an avo, or interim order pending a hearing, you no longer have any choice in the matter. As many will point out, the police have unlimited resources with which to argue this case, and it will be argued by a police prosecutor, who will usually stop at nothing to see it through. Your case is certainly made more complicated by the fact that you are indeed a minor, irrespective of your perceived level of maturity, and most people are going to look at the situation and feel you are being manipulated or wronged somehow. There is a huge difference between the maturity levels and life experience of the average 17 year old and 31 year old respectively, and many people will wonder what a 31 year old man could possibly have in common with a young lady who is essentially still considered a child - other than to use or sexually exploit her. I am not judging you or your partner personally, just giving a bit of perspective on the possible reactions.

I think it's important to consider that a lot of people decide that at 17, you are not wise/mature/experienced enough to make a sensible decision or judgement on your own regarding the issue of home made porn (hence the laws), and will be looking at the possibility of this footage being used to exploit you either now or in the future. People might consider that at 17, and probably in your first relationship, you may not have the foresight to realise that it won't last forever, and breakups can result in explicit images being circulated out of spite. People will feel the need to protect you from what they think you can't see. People might look at your boyfriend as a predator, because they will not understand this relationship.

Your boyfriend will probably need legal representation to have any hope of getting through this, but to be honest, I think the odds are against him. You could certainly try to influence the judge's perspective, but there's no point trying to dissuade the cops - the interim order has been made, so this will go to court. To be honest, I think the odds are stacked against you.

Just to clarify - there must have been a circumstance which resulted in police intervention in the first place? The police had to have a reason to investigate and take his computer away. Has there been any violence or verbal abuse?
There has to be more to the beginning of this as the Police don't just issue an ADVO for the fun of it. They certainly don't just rock on in and take your PC/Laptop, well not any Police force that I know of in Australia. There must have been a complaint made to the Police by someone about some sort of physical or very serious verbal abuse and threatening behaviours. There must have also been much cause for the Police to take the computer gear… The Police have a wide range of rules set out as to what actions they can take.

As Rabbit indicated there are few choices. You could speak to the Local Police in person and discuss further the ADVO but it appears to have advanced way beyond that now. I would suggest your b/friend seeks good legal advice as further criminal charges may be pending. He will need to ensure he meets the dates and times for the court appearances. There is no magic wand in this case. Attending with your b/friend may be important here. This type of case is beyond our usual type of post as we generally are dealing with family separation matters in the main. Some of the SRL-Resource executive members may have a better view of things.  

Executive Secretary - Shared Parenting Council of Australia
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