QLD DVO - What to Expect from First Hearing?

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Abacus

Member
8 July 2017
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0
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Hello

I was wondering if anyone could tell me the likelihood of a DVO being struck out at the first hearing? Is this something that the respondent is able to ask the magistrate for initially, or does it have to wait to go to trial?

If we take enough evidence to show that it is unfounded to the first mention, and also that the applicant has previous form for making false allegations, is there any chance of it being struck out?

The children, who are in our custody, are named on it and the respondent has previously tried to coach the children into making false allegations, which has been documented and addressed by child safety.
 

sammy01

Well-Known Member
27 September 2015
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My understanding is that the first hearing is just a mention....All you get to say is that you're gonna contest it... Then it gets set down for trial.

Are the kids still in your care?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Yes, first hearing is just a mention to check the preliminary requirements - is the relationship valid for the purposes for a domestic violence order, and are the allegations that have been made actually considered domestic violence in accordance with the legislated definition?

Once that's established, you'll be asked if you want to do - accept without admissions or contest it (or offer to enter into undertakings or ask for an adjournment).