Child's Father Threatening Restraining Order - DHS on my Current Boyfriend

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erinkeef

Member
15 June 2014
1
0
1
My ex partner and his mother are continuously harassing me with DHS (Department of Human Services) and claims that my expartner is going to put a restraining order on my current partner not to see my daughter. My ex is an ice addict whom does not see his daughter. Any how there was a family violence intervention put in place when we were together and a current interm intervention put in place hopefully will be a full intervention in a few weeks when taken to court...

My current partner in his sleep about 5 months ago strangled me. A friend intervened and my current partner was arrested. My daughter was asleep and had no knowledge on what had happened. My current partner has since for this incident served one month jail time and undergone sleep study, counselling, doctors etc. He has never hurt or yelled at me before and has no memory of this incident does not use drugs or alcohol .. and the court moderated the intervention again but because of DHS being involved they have had bot of us sign to say until he is proven as no threat to my daughter he can not be near her, he is undertaking bail at his grandmas. But still my ex's family are making it impossible for the situation to be moved forward .... I want to know my rights in all of this.
Can they place a restraining order on my current partner never to see my daughter again .. what should we do? Are they continuously allowed to keep contacting DHS with false accusations??
 

CathL

Well-Known Member
19 April 2014
156
36
514
Australia
Hi Erin,
It sounds like quite a delicate and complicated situation that would require personalised advice/information. Perhaps contact your local community legal centre, Legal Aid or Women's Legal Service for legal advice and practical support.

Depending on which state or territory you're in, there are certain requirements for someone to get a restraining order - for example in WA or Victoria.