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Please help - so lost and confused!

*removed personal info*

Last edit: by dad08

Hi Dad08. There's a lot of questions there. Hopefully I can answer most of them. Some I will be fuzzy on and leave to others with more expertise and experience in these areas.

With regard to the PFVO, if there is no evidence you should be able to defend this in court. Whatever you do, do not think that it will be dismissed without your presence, or that things will go smoother if you accept it (again, if it is unfounded). There are other Dad's on here who have made the mistake of peace at any price.

If you want to change the orders for your son, you can seek mediation. There is a waiting list most places, so the sooner the better.

Even if there is a PFVO in place, it can be managed by the centre as they could have you in separate rooms, or one of you on the phone.

If your ex refuses to attend and you get the necessary certificate from the centre, you can apply to go to court.

Given that you already have orders in place, there is a hurdle you may have to get over called Rice and Asplund. This is a legal precedent which was put in place to stop people going back to court repeatedly, over minor issues. To over come it, significant changes in circumstances need to have taken place.

If the ex moves away without notice and significant distance (ie NSW) you can contravene her and apply to court for a recovery order.

First things first is to focus on the violence order. Then try mediation.

Keep posting, read the site and learn what you need to know to help yourself.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Sadly with violence orders,the standard of proof is near non existent all one needs is to perceive a threat and based on the balance of probabilty, more than likely the VO will be issued.
never the less do not agree to it. fight it!
 

Hi guys,

Thanks for the replies. Just so i'm clear, this Violence Order is ALREADY in place. Because it is a Police Family Violence Order, not a Family Violence Order, it is already in effect. I've taken it to court to have it revoked, based on various facts and a dispute that it is just her word against me. They served it on me last Wednesday, so I filed my papers with the Magistrates Court on Friday. Goes to court for an emergency hearing this Thursday.
All the Police (from here AND the station where she reported it), lawyers, court staff so far have been excellent and more then sympathetic. They must get this alot. All told me to fight it and wished me luck!

Any other tips/info would be great. At this stage i'll be sitting down tomorrow after work and writing out what i'll be saying to the Magistrate. Have to be prepared. I'll be wrecked if this order stands.

Regards  ;)

dad08
dad08 said
Hi guys,

Thanks for the replies. Just so i'm clear, this Violence Order is ALREADY in place. Because it is a Police Family Violence Order, not a Family Violence Order, it is already in effect. I've taken it to court to have it revoked, based on various facts and a dispute that it is just her word against me. They served it on me last Wednesday, so I filed my papers with the Magistrates Court on Friday. Goes to court for an emergency hearing this Thursday.
All the Police (from here AND the station where she reported it), lawyers, court staff so far have been excellent and more then sympathetic. They must get this alot. All told me to fight it and wished me luck!

Any other tips/info would be great. At this stage i'll be sitting down tomorrow after work and writing out what i'll be saying to the Magistrate. Have to be prepared. I'll be wrecked if this order stands.

Regards  ;)

dad08
 
A time line of events would probably indicate what set her off. Normally it is after the request for more time, mediation, being served court papers etc. Tell the court this. They hear this type of thing all the time. If you have any evidence that you did what you say, bring it to court.

Monti

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
*personal info removed*

Last edit: by dad08

dad,
From what i have read, it is mainly He said She said.


Gather your evidence, as without evidence you cannot prove the fact and without fact you cannot make a submission…how do you win the case?


If you are going before the court tomorrow, your statement may need to be in a more private forum, perhaps the execs can direct it somewhere more private.

Hey again. Thanks heaps for all the info guys. Huge thankyou to you Monster, who has taken the time to re-write my statement in shorten, more effective form. Much appreciated. I will let you know how it goes - court tomorrow morning!
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