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View topic: Need help!!! – Family Law Web Guide
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Need help!!!

Legal aid is denied and court is coming up soon and my ex partner threatening me.

I have questions on so many things. I live in Queensland and I am profoundly deaf.
My ex partner and I have a cross order. He was very abusive, verbally  and has threatened me etc…I threw my mobile phone at him and I called the police on him. He moved out, but his name is still on the lease. The landlords tried to get his name off the lease by contacting him etc…  He refused to sign his name off the lease. Any suggestions  on how to get his name off the lease as I am still paying the rent on my own.
The police did make a mistake. On their report says, that my ex partner had a long history of criminal records and that I had exactly the same criminal records as him. I do not have any criminal records whatsoever. But they made a mistake and the Domestic Violence Court Supporter was going to take care of it by taking my name of the police report as it may not look good for the family law later on.
I was 37 weeks pregnant at the time.
We got a date to go to the court last month. I attended the court and he did not show up, but he did send a facsimile stating that I was too unwell to attend the court and that there was no deaf interpreter available at the time and that he wanted the court date to be adjourned.
I told the judge that I was perfectly fine and did not wish for the court to be adjourned. Unfortunately the judge adjourned the date to the 12th of April.
I sought help from Domestic Violence Court supporter.  She told me that I had a very good case and that I would get a free legal aid. Which was denied, of course. She told me to get an appointment with a mediator. Not enough information on her part.
She also told me that she would take care that Hospital where I was going to have my baby to refuse my ex partner  to get inside the maternity ward.
He is still threatening me and send me txt messages and send  nasty emails to me and my family.
He has two young kids from his previous relationship and there was also domestic violence between them and they went to the court in the past.
He told me that he is going to get a statement from his ex partner that he is a good father. He did have supervised visits with his children in the past. He has an anger and alcohol problems. Will her statement look bad for me??
He has also told me that he went to the federal magistrate court to lodge in an application for family law court. What can he do???? Should I be worried??
On the 12th of April I am going to request a restraining order and no contact order.
Then I would request to go to the mediation with him. I am going to request for him to have a supervised visits with our baby daughter.
His father is going to write a statement about my ex partners behaviour. He is not rational and very aggressive and about his drinking problems.

My question is, should I have a mediation for parenting agreement first, ( supervised visits) BEFORE or AFTER the court date 12th of April??? Or should I get a restraining order first and use that against him in mediation???  What should I do if he is making an appointment with the mediator before the court date, should I go, or can I change the date?
Am I suppose to write an affidavit???  For the 12th of April??? What should I do??
Any tips and suggestions are welcome.
I do worry for my baby daughter, she is only 2 weeks old and is being breast fed.
And could anyone tell me what is the norm on how often for him to see the baby??? ( supervised)
If you haven't already started the process for seeking mediation, it is highly unlikely that you will be booked for your first session before the 12th April. The process can be (and usually is) very long and drawn out. Your partner has three weeks to respond to their requests for an appointment, and when he does, you each have to attend an intake appointment (info session, on seperate dates) and then a further one-on-one session with a mediator, again, both on seperate dates, before they will book your first mediation some time later. Usually takes 6-10 weeks to get to that point, but sometimes can take 3 months or more if they are heavily booked. So you may as well scrap that. But if I were you, I'd call the family relationship centre and start the process asap, then make mention of the fact that you have taken steps to mediate somewhere within your affidavit.

As for the ex threatening to file something with the Family Court, you can disregard this as BS, because he is not allowed to make an application to the Family Court until he has attempted dispute resolution (aka, mediation). So unless you've been invited to mediate and refused his offer, he is full of it. As far as your question on what he can do in the Family Court - providing he goes through mediation first - if he doesn't agree with your proposal of supervised visits, he can make an application for a shared care arrangement that he finds more appropriate - anything from week about (50/50) to the standard every other weekend and half school hols. However, given your child is newborn, any potential arrangment would have to be slowly worked up to, usually starting with a few hours one or two days a week and gradually increasing to overnight stays by the time the child is about 3-4. If he takes you to court over the care of the child and you seek supervised visits only, you'll need some pretty compelling evidence as to why he should not be trusted with his child. From what you've said, there has been no violence between you except for you throwing a phone. So whilst you have a right to seek an AVO for verbal abuse/intimidation/harassment issues, this should not affect his ability to be a father. He could get around the conflict/AVO by having somebody else collect the child for time spent with him. I'm not sure whether his previous relationship or domestic issues will be relevant to your case, maybe other members can clarify that one? However, in regard to "statements" made by either you or his ex, they will be regarded as hearsay and unusable unless the person is willing to present as a witness at the hearing for cross examination. You will also need compelling evidence of his alleged alcohol and anger problems if you expect to be taken seriously. Otherwise it's your word against his, and he will likely suggest that you're crazy and have a bad temper or something of the sort, so without proof it just becomes a game of "he said/she said", and the judges have seen it all a thousand times before - and will not be impressed.

If I have understood correctly, you are both seeking AVO's? To be honest, if I were the presiding judge, I would probably dismiss both applications. It sounds kind of petty. He yells at you and threatens you, you throw a phone at him… it comes across as though you are just as bad as each other. I would think your best bet would be to be contrite and honest and make it known that you're seeking mediation to get past these issues. If you can't get legal aid, it will cost you at least a 1-2 thousand, and the result is not guaranteed by any means (nevermind the potential for costs order if you lose). Yes, you may get an AVO against him, but he may also get one against you, and then if you end up in Family Court, that is a huge blot against your name. Or even worse, if your application is dismissed and his is granted, you may be seen as the trouble maker and the Family Court may see him as the more stable parent. I seriously don't think it's worth risking it. If I were in that position, I think I'd consider withdrawing my application, saving my money, and just changing my phone number and requesting that the ex only contact me by mail from now on, and only in matters regarding to the child. But that's just my opinion.

Whatever the case, you definitely need professional legal advice, or you need to spend the next couple of weeks intensely researching every resource you can find to get your head around the situation. You're not informed enough to self represent at this point, unless you do a LOT of work.
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