Hello, I had FVRO taken out on me one month ago by my wife at Perth Magistrate Court. Objected the day after and also ordered Transcript of what my wife said to the magistrate. Received the transcript last Thursday and she had lied. She stated that over ten years ago I had been physically violent to her and that a couple of years before that I had threatened to kill her, not true.
The incident that happened the day before she took out the FVRO was an argument at dinner, no physical violence, just some screaming between the two of us, in front of our teenager and young primary school aged daughters. I left the house, for me and her to cool off, as both of us were angry, and I felt that she could have escalated the situation by hitting me and I probably would have hit her back, not hard but in reaction. I returned later and noone at home. Police came with a temporary order couple of hours later telling me to leave and I have not returned home since, over one month ago.
She told magistrate that we have been separated under the same roof since early October BUT the truth is we had reconciled a couple of weeks later, her having asked to stay at our home and for us to stay together and make it work. She had a rental house of a friend ready to go and had bought and moved furniture into that house the previous days before reconciliation.
To note; both of us are on welfare at the moment and at that time and we both had informed Centrelink and were on the payment for separated under same roof. I told her that we had to inform that we had reconciled but she put it off and we never did, a sign that she may have had plans to get me to leave the home the way she eventually did.
We have friends that knew we had reconciled for over three months, until she took the action she did with the FVRO.
Hearing is in mid May.
Can anyone tell me what to do before the Hearing and at the Hearing?
FVRO only bars me from going near her but she tried to get our children included, as Transcript says but judge rejected that, as I have never been violent with them (She was honest with that).
The incident that happened the day before she took out the FVRO was an argument at dinner, no physical violence, just some screaming between the two of us, in front of our teenager and young primary school aged daughters. I left the house, for me and her to cool off, as both of us were angry, and I felt that she could have escalated the situation by hitting me and I probably would have hit her back, not hard but in reaction. I returned later and noone at home. Police came with a temporary order couple of hours later telling me to leave and I have not returned home since, over one month ago.
She told magistrate that we have been separated under the same roof since early October BUT the truth is we had reconciled a couple of weeks later, her having asked to stay at our home and for us to stay together and make it work. She had a rental house of a friend ready to go and had bought and moved furniture into that house the previous days before reconciliation.
To note; both of us are on welfare at the moment and at that time and we both had informed Centrelink and were on the payment for separated under same roof. I told her that we had to inform that we had reconciled but she put it off and we never did, a sign that she may have had plans to get me to leave the home the way she eventually did.
We have friends that knew we had reconciled for over three months, until she took the action she did with the FVRO.
Hearing is in mid May.
Can anyone tell me what to do before the Hearing and at the Hearing?
FVRO only bars me from going near her but she tried to get our children included, as Transcript says but judge rejected that, as I have never been violent with them (She was honest with that).