QLD Can i vary my bail conditions?

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Danelle

Member
26 November 2017
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0
1
Had a crossed dv order and both breached but i a mother of 3 children aged 9, 7 and 22month old. I had to go to the watch house and go to court the next day. My family picked my children up 2 from previous and 22month old to my partner. I have been staying at my mothers house with my 3 children for the last 3 weeks because my bail conditions say i have to remain at my mothers address till my next court date on jan 22 next year. If it was a crossed order breach, he should of had the same thing happen to him? I want to vary my bail and my lawyer is waiting on legal aid funding and cant do anything till my next court date or i can pay $660 to vary it earlier, CAN I APPLY TO VARY MY BAIL AND JUST USE AN AVAILABLE DUTY LAWYER IN THE COURT HOUSE? WERE CAN I GET THE VARIATION BAIL APPLICATION? DOES IT COST MONEY?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
You have to comply with your bail conditions.
He has to apply with his.
 

Danelle

Member
26 November 2017
4
0
1
He didn't get in trouble because he denied he's alligations and now my 3 children and myself have yo stay at my mothers address for hes protection even though he wrote a letter and put in my mailbox for me to take it to court but the judge read it and dismissed it and i have to stay with the same bail conditions as to txt for childrens sake and to stay at my mothers address till my next court date on January 22 2018 and christmas is coming up the oldest daughters birthday is on new years eve and a week later is my youngest turns 2 and i don't know if he is allowed to see the children on those special days. Its been 3 weeks and he wants to see them but i don't know if its breaching my bail conditions. Thats why i dont know were to get the vary application and represent myself if possible. I just want to go home with my children and he needs to go to counseling like i am.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
...and i don't know if he is allowed to see the children on those special days.
Not unless it is in the order in clear words.
And no, he doesn't have any rights that, if exercisedm woudl cause you to breach your conditions.
This stuff is either in the document in plain language, or it isn't.
 

James Dylan

Well-Known Member
6 January 2018
33
4
124
Hey

I'm not a lawyer, so take this advice with a grain of salt.

So, there are two documents you need to obey. One, being that DVO that you and your ex breached. That will have certain conditions on it that you have to follow ALL THE TIME! Without knowing what those conditions are, I can't tell you if your ex partner is allowed to see your kids or not. But if there's a condition on it, like "The Respondent is prohibited from contacting, or attempting to contact the Aggrieved", then you (as the Respondent) must not contact your ex partner (the Aggrieved). I'm only using that conditions as an example, because it's a common condition and often gets people into trouble. Because ANY contact between a Respondent and an Aggrieved is a breach of the DVO. That includes Facebook, phone calls, text messages, heck even bloody smoke signals (if you can do that). Contact is contact, regardless of the means.

But read that DVO carefully. There are no exceptions to any of those conditions, unless an exception has been provided within the document. Such as attending counselling sessions, or attending court. But if there are no exceptions listed, then there are no exceptions to the document at all.

The other document is your Bail Conditions. Generally, that just tells a Defendant to attend Court on a particular day. But it sounds like, in your case, you're required to reside at your mother's address. Well, you can either apply to have the conditions amended, or write a letter to the OIC of your local station asking to reside at a different address. None of these options are guaranteed, and given that Jan 22nd isn't too far away, you may just have to stick it out until your court date. When you do go to Court, your Bail conditions will either expire or be extended. If it's extended, just ask the Magistrate to change the address, and give your reasons. They generally don't care where you live, as long as you rock up to Court when you're supposed to.