VIC Can Ex Get Another Restraining Order on Me?

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Markp3

Member
14 November 2017
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Hello,

My ex partner had a restraining order on me and I breached it in Dec 2014. I was sentenced to 6 months in jail. After getting out, I received another restraining order with my children added to it. It went for a year and it expired on July 2016.

After getting out, reflecting how bad of a farther and the life I was living, I told myself that I will change and I did. I’m in a very healthy relationship for over two years now. My partner has a daughter that looks up to me. I have worked hard towards a career, moved away from bad influences, bought a house and car, things are really good for me.

After staying away for the year with no contact at all, the order expired and then I got handed another order, went to court and the judge granted another order for another year. It was issued in July 2017 and will end July 2018. This December I haven’t seen or spoken to my children in three years.

I have changed so much and all I’m missing is my children. I wanted to know what can I do to see my children. Can my ex partner get another order in 2018? Even though I haven’t seen them or spoken to them?

It’s so frustrating and so costly. I don’t want to sound selfish but I don’t want my current partner and child to suffer financially because of what I did in the past. Please help.
 

sammy01

Well-Known Member
27 September 2015
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I am so sorry, you have not received good advice. You should have sought mediation with the ex through a service like Relationships Australia. That is your best option at this point, however, when the kids have not seen you for 3 yrs you will have some obstacles to overcome...

My suggestion, call Relationships Australia asap and ask them to help you.
 
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AllForHer

Well-Known Member
23 July 2014
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You need to get parenting orders in place. As far as is necessary, protection orders are superseded by parenting orders - so if you have protection orders stating you can't see the kids, and parenting orders that say you can, then the parenting orders win and you can see the kids, but you must still be of good behaviour, not commit any acts of domestic violence against them, and still abide by the protection orders when it's not your allocated time with the children.

Most parents who have protection orders against them are still granted parenting orders to have a relationship with their kids, but without parenting orders in place, you must follow the protection order accordingly.

To get parenting orders, the first step is to contact Relationships Australia or Legal Aid to organise a family dispute resolution conference. This might be bypassed on the mother's end due to the protection order, or it might not, but whether if goes ahead and fails, or doesn't go ahead at all, you'll be given a s60I certificate, which enables you to file for parenting orders through the Court, and that's a whole other kettle of fish.

For now, though, at least call Legal Aid and get legal advice.
 
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Migz

Well-Known Member
20 November 2016
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Markp3 ... do you really want to see your kids ? I mean really want to ? Even be allocated say a few hours every second weekend and work up from there ? Sorry to sound so harsh, but the harsh reality is, this is going to cost you time and money, and depending on how bad your past really was, along with the ages of the kids, you might be only able to see them in a "supervised" environment for those couple of hours on a weekend. Alot of if's due to the limited info you supplied... So my advice, self represent, you do have your life back in order and you can prove that, and you have a loving partner that sounds like she is willing to support you doing this. By self representing you will be able to keep the costs to a minimum, even at your first hearing and with all of your paperwork submitted along with "interim orders", I don't see any judge in the country stopping you from having atleast some time with your 3 kids, (as long as all 3 aren't over the age of 12)
 
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Markp3

Member
14 November 2017
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Thank you all for taking time to read and reply. I would be extremely happy to see my children even just to talk to them on a phone would be a huge thing for me. I miss them so much. throwing money at something and not seeing any Results is so frustrating it cost me $2,000 just to get a section 92 added on my restraining order and I’m still no closer to hearing my children’s voices time just passes And i feel so trapped and the courts just keep handing out the restraining orders my children are under the age of 12. In my mind I. Just hope that my ex would reach out and just talk to me. The situation just sucks. What’s my next step.
 

Markp3

Member
14 November 2017
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0
1
I will be calling relationships Australia and I’ve been in contact with people to set up mediation it’s going to take time for them to find her as she has moved away. If she decides to not attend I will get s60 Certificate to go to family court, dose it look bad if I represent myself?
 

AllForHer

Well-Known Member
23 July 2014
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No, it doesn't look bad, provided you've done your homework and know what it is that you need to do. Come back when mediation is done and dusted and the good people here can give you a rundown of how things work. Otherwise, have a look through some of the older posts here, many cover a lot of the information you will need to know.