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NSW Domestic Violence Order - Can Children be Taken Off the Application?

Discussion in 'Criminal Law Forum' started by john boy, 17 September 2015.

  1. john boy

    john boy Well-Known Member

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    I have been served with a interim Domestic violence order pending a full hearing in Qld. The applicant has made numerous allegations about me previously using the same context and had the matter dismissed. But reapplied and given a interim this time.

    Most of the content is hearsay and we live interstate from one another and have minimum contact and only for matters to do with our children. With this application she has now included our children where upon I can not visit their School at anytime. But I have family court orders where they visit me every School holidays for a week.

    I am not a threat to them in any way and very protective instead and they love me and my family. Now with all the publicity surrounding Domestic Violence, I am hesitant to fight this knowing it's more then likely she might get this order, but wondered if there was a way I could have my children taken off this application so I can stay involved in their education and be apart of their academic achievements, as their Mother is trying to distant me further away from them and have no contact.
     
  2. Sophea

    Sophea Well-Known Member

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    As i understand it the only way you can have the children removed from the order is to go through to the full hearing - and defend the allegations.
     
  3. john boy

    john boy Well-Known Member

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    Thanks Sophea ..it's the added expense I can't afford and the vast distance ....she deliberately wants me to pay for lawyers while she gets legal aid from the tax payers
     
  4. sammy01

    sammy01 Well-Known Member

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    ok so you might not be able to go to their school but the family law orders should protect your child access. But it gets messy because if there is a no contact order on the AVO, then how do you call her to make arrangements???

    So, yep even though technically you should be ok. I think you're still gonna have to fight the AVO and even with all the media, etc I reckon you might have a strong case given you live a significant distance from her.
     
  5. john boy

    john boy Well-Known Member

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    Hi Sammy , I do have family orders which confuse me as to how can she get a Dvo to prevent me going to their School. But I can have them every Holidays with me locally and one weekend each School term up there collected from the School. As I am of no threat and live like you stated interstate, I only want to be involved in their education and see them achieve academic awards.
     
  6. sammy01

    sammy01 Well-Known Member

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    Oh dear. Ok, so the problem is that your family orders tell you that you have to pick the kids up from school, but the AVO stops you going to the school. Look I think if you contact the cops involved in the interim order and you'll find they'll tell you that if the ex complains that you've breached the AVO they will be forced to act.... It ain't pretty.

    I think you really need legal advice and you really need to defend yourself against the interim AVO application. Just out of interest, do you know what she is claiming you've done to warrant the interim AVO?

    Mate, I really do feel for you. Domestic violence is abhorrent and gets an awful lot of media attention. A side effect of this is people using the systems that are there to protect the vulnerable but using them because they are vindictive.

    Stay strong my friend.
     
  7. john boy

    john boy Well-Known Member

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    Hey Sammy , don't know where you get your info mate ....I have had lawyers and I have been advised the family orders override the Dvo interim as stated on the Dvo which states that away from family orders I cannot attend their School. Just was enquiring if there was a way I could get it taken off the Dvo without admission due to ongoing financial costs associated to fight this matter with Lawyers
     
  8. sammy01

    sammy01 Well-Known Member

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    Look it just gets messy. Yep, you're right, the family orders over-ride the AVO/DVO and I think you'll find on the AVO application will state something about exemptions because of the family law orders... My concern for you is that you pick the kids up from school. All good...but then the ex calls the cops and says you've picked up the kids from school so they come looking for you because the AVO states you're not allowed to go to the school.

    In the short term it is bloody messy if she wants to try and play the system. Yep, your solicitors is right, family law orders over-ride the DVO and if the ex tries to play the silly games, it will not look good for her in the long run....

    My thoughts, always have a copy of the court orders with you.
     
  9. john boy

    john boy Well-Known Member

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    Thanks Sammy. Like I mentioned there are exceptions and also as you stated these being exemptions. She has used material to do with family court matters in her Dvo application which has no relevance to being a threat.

    I am in court next week for a contravention I brought against her where I will make it known to what lengths she is prepared to keep me at a distance from my children using a Dvo while on the other hand, making out like she wants me to have a meaningful relationship with them, to build on that contact. It's only that the limited time I get is financially more beneficial to her and not what is best for our children .
     

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