WA Chances of Including Kids in Restraining Order Against Mother?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
The VRO? Or the application for a VRO?

Attend the mention. It’ll probably be dropped just as yours was.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Yup - and go to the local cop shop and ask them to check to see if there is an interim VRO with your name on it...

Spending a grand for a solicitor to represent you isn't a bad idea...
 

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Ok guys the drama and story thickens. I decided not to object the VRO against me purely because I’m enjoying not being abusives and harassed. BUT now I wish I did!!!

A few weeks ago she dropped the kids off a Maccs. My dad came with me and he waited outside in front of maccas and I drove and parked in a entirely seperate car park 50m away and sat in car and facebooked. She comes along and instead of pulling up to my dad to drop off the kids, she comes roaring to me and parks her car behind me. She gets out and shouts and screams and takes pictures of me ( sitting in the car ). Mean while me kids are still in her car and dad comes running over to attend to the kids. I got out stood beside my car and waited for the kids and dad to come over.

4 days later the cops come to my house during dinner and arrest me in front of my family and kids. Was interviewed and charged with breaching the VRO as it was my responsibility to steer 10m clear of her regardless of her approaching me. Was transfer to the main city lock up and spent over night in custody. Finger printed, DNA tested, mug shot and strip searched. Locked up together with a drunk and a drug addict. Humiliated and paraded in front of court bare footed. Lowest time of my life couldn’t even begin to describe the way I was judged and treated by jail staff...no different from a rapist or armed robber.

I’m on bail now waiting for my court date in 3 weeks.
 

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Ok guys the drama and story thickens. I decided not to object the VRO against me purely because I’m enjoying not being abused and harassed. BUT now I wish I did!!!

A few weeks ago she dropped the kids off at maccas. My dad accompanied me and he waited outside in front of maccas and I drove and parked in a entirely seperate car park 50m away, sat in my car and facebooked. She comes along and instead of pulling up to my dad to drop off the kids, she comes roaring to me and parks her car behind me. She gets out shouting and screaming and takes pictures of me ( sitting in the car ). Mean while me kids are still in her car and dad comes running over to attend to the kids. I got out and stood beside my car and waited for the kids and dad to come over and left.

4 days later the cops come to my house during dinner and arrest me in front of my family and kids. Was interviewed and charged with breaching the VRO. It was my responsibility to steer 10m clear of her regardless of her approaching me. Was transfer to the main city lock up and spent over night in custody. Finger printed, DNA tested, mug shot and strip searched. Locked up together with a drunk and a drug addict. Humiliated and paraded in front of court bare footed. Lowest time of my life couldn’t even begin to describe the way I was judged and treated by jail staff...no different from a rapist or armed robber.

I’m on bail now waiting for my court date in 3 weeks.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Time to lawyer up. And apply for a DVO against the ex.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
yup lawyer up on the breach, otherwise a stint in jail is on the cards and of course the kids will be back in mum's care and when you get out you'll be back in court trying to get access...

Self represent on application for passports and spend your money defending this... Then get smart... So don't be in the same parking lot... Park 1km down the road, or just do laps until your dad confirms he has the kids.

But what I don't understand is that surely there is no breach of avo... I thought any order excluding you from approaching the ex was exempted IF it was due to following family law orders?
 

Migz

Well-Known Member
20 November 2016
325
43
719
Ahh the good old switch-a-roo, Man tries to take out DVO, even with evidence, it gets denied, woman takes out DVO as a counter attack, no evidence, just says she fears for her safety, GRANTED. Obviously we are missing a part of the story, 1. you would have had cctv of the Maccas assault, this would of been enough to grant a DVO. 2. Why park miles away and get your Dad to do the pick up when at Maccas, under CCTV coverage, and also protected by the federal court orders. Once again it doesn't add up. 3. When she applied for her DVO, you would of had a court case nearly that week, and instead of taking it to trial, you have accepted it. Why, would an "innocent" person do that?

A. As far as your passport request goes, self rep, state that you have had one previously with out any problems and that its a great learning adventure for the children. Family court judges are know for just stamping these and moving on, especially in your case where you have been out of the country with the kids but also returned. Worse case scenario, you can put up a bond of a few grand that gets forfeited to the ex should you not return by a set date. This is worse case only.

B. You are now in the DVO merry-go-round system, you should of had a DVO put on her new partner that included the kids, that way if she takes them back to his place and he is there she has just breached it. You will be in a world of hurt from now on, as they try to bleed you of funds, so that you cannot use them in family court, how do I know, because its the same crap I'm going through right now.

C. If you are as innocent as you make out in this forum, then I would be taking the court case in 3 weeks to trial.

D. Where is your federal court case at? Is it still going or have Final orders been handed down? Because if its still ongoing, then I would be using the next 3 weeks to File An Application In A Case.