VIC Creating a false VRO

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James C

Member
13 August 2018
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Interesting thing happened today. A female friend who is separating from her husband was asked by her lawyer (could say pushed) to state that the soon to be husband had, in the past, been physically abusive towards her. Lawyer wanted to get a VRO in place asap. This man was never violent in anyway and has no police record against him. They also have 3 year old boy.

My question is how could any man in such a case defend against these false accusations and retain at least 50:50 custody? How does the court distinguish between last minute VROs and the truth?
 

sammy01

Well-Known Member
27 September 2015
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good questions.... NO good answers.

So with a 3 yr old child 50/50 is gonna be hard to get unless mum wants to accommodate it.

"How does the court distinguish between last minute VROs and the truth?" The don't in NSW it is on the grounds of probability. You can fight the things and they do get thrown out of court but it is hard work and for the unprepared a solicitor and barrister are a good idea.

Alternatively accepting without admission is a cheap and easy approach. But it gives the ex a huge leg up in the fun game all the family can play called 'family law'