Advice please concerning -DVO

[Sharon Codray]

Would anyone be able to shed some light ....If someone is fighting a DVO and the first mention has occurred - NO Temporary Orders were placed on him as the magistrate didn't see it was necessary as nothing in the application showed any DV .
Hearing date was set for November , both parties to have affadatives submitted before the mention in September.
Now the aggrieved's lawyer wants the matter moved forward.
Why would this be happening please ?

 

[Bill Murray]

Because five months is an absurd amount of time between a mention and a hearing especially if no temp orders are in place.

 

[Rod]

Because the aggrieved is annoyed they were not successful at the first mention. 5 months seems reasonable to me when the aggrieved couldn't even convince a magistrate the matter was worthy of temporary orders.

 

[Xena The Warrior Princess]

Because the aggrieved is annoyed they were not successful at the first mention. 5 months seems reasonable to me when the aggrieved couldn't even convince a magistrate the matter was worthy of temporary orders.

If the respondent has DVO against him and had the first DV application in, but had to withdraw it, (in the application he admitted injuring the aggrieved and was suggested by duty lawyer to withdraw it) and then a few weeks later, he applied for a new DVO again against the aggrieved, who got granted the full DVO. In the new application, there were just allegations (she said, she did this), but nothing else like for example dates or times of the incidents. Would that be still considered for a temporary DV, or is it going to be dismissed, based on the previous attempt of getting a DVO?

Any comments most appreciated

 

[Rod]

Hard to comment without the detail and suspect it will come down to who the magistrate is, and how they feel on the day.

You can fight it using your best evidence and picking holes in the application, or consent to an undertaking.

 

[Xena The Warrior Princess]

Hard to comment without the detail and suspect it will come down to who the magistrate is, and how they feel on the day.

You can fight it using your best evidence and picking holes in the application, or consent to an undertaking.[/QUOTE


What does it mean to consent to an undertacking?

 

[Xena The Warrior Princess]

what does it mean to consent to an undertaking?

 

[Rod]

Rather than an official DVO with court orders against you, you make a promise to the court. It is still binding but involves no admission of guilt or wrondoing.