Downsides of Contesting a Domestic Violence Order?

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AllForHer

Well-Known Member
23 July 2014
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This is a hard one to navigate. It really depends on what allegations have been made against you as to whether supervised access will be deemed necessary. On one hand, accepting supervised time with the kids is basically like saying you agree there's a risk and supervised time is what's best for the children. On the other hand, if the allegations are serious, the facts are persuasive and you're rather blasé about the whole thing, you risk looking like you're not sensitive to the kids' needs.

So, first question, will the judge make such decisions at first hearing? It's highly likely that interim orders will be made at first hearing, but it's impossible to know what they might be. The whole process is like an observation period for the Court - if it orders supervised time and that proceeds without issue, it might be less inclined to continue supervised time at the next hearing, and likewise in the opposite circumstances.

So, you can expect interim orders at first hearing. Just make sure you've applied for them in the first place.

Second question, what happens if the respondent doesn't appear, and/or doesn't file any documents? The Court will probably adjourn the matter until another interim hearing, but if your judge is anything like the judge we had, interim orders might be made in her absence. Again, impossible to know.

Will taking your lawyer make a difference? Maybe. They're more attuned to the right child-focused terminology - they refer to children's rights, not parent rights, and they know not to commit the cardinal sin of using the word 'custody' in place of 'parental responsibility'. They also know to say 'the kids deserve to see their father' rather than 'the father deserves to see his kids'. But, realistically, it depends on which judge had your case in their docket. Sometimes, lawyers make errors, too.

In our case, for example, the respondent's lawyer suggested that the child should spend less time with her father because 'it's mother's intuition'. The judge didn't like that at all.

Personally, we never took a lawyer for interim hearings. We had three, and we had a mixture of success and failure, but I don't think having a lawyer present would have made a difference for us. If you know what you want, and you know how to communicate why that's what's best for the kids, you're doing what is expected, anyway.

Will the judge set another hearing date? More than likely. If orders are made for another mediation session (common) and/or a post-separation parenting course (also common), it will give you time to complete both of those before the next hearing date so the judge can see if it has resulted in progress. But yes, the next hearing date will ordinarily be set at the interim hearing.

Finally, what's considered a reasonable amount of time? This is an unknown, but why are you using this wording? Be specific. Use something more like "that within 28 days of the date of these orders, the parents shall do all things necessary to complete enrolment as required at the agreed contact centre."
 

sammy01

Well-Known Member
27 September 2015
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So why not hit the judge up for alternate weekends with drop off pick up in a public place (Mcdonald's) or if you live in a city the supervision centre can also sometimes be used as drop-off locations to prevent parents having to see each other.

I'd be saying if the magistrate is prepared to accept your not a risk to the kid, then alternate weekends. However, if the judge deems a risk, then you're good with a contact centre.

Other opinions - go sit in the court ASAP. Spend half a day being bored to tears but you'll learn lots. It all moves really slowly but you'll pick up on a few things and it will help you feel more confident if you choose to self-rep at the interim. You don't want to get flustered.

So if the ex don't show? Great. It will likely be adjourned but if she doesn't show the second time, then all of a sudden the judge will be getting a bit pissed at her. Good.
 

ThomasToo

Well-Known Member
15 May 2016
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Hello, back again.

Situation is that I'm still under interim DVO, PP don't want to go to trial. PP and ex know who my lawyer is, and yet somehow without my permission/knowledge (I believe) have acquired passports for the children.

Can the ex acquire passports without my signature - even though technically the ex can contact me, either directly or through the lawyer to obtain permission and sign the passport forms? Not sure of the destination as yet, and not confirmed whether the kids are going too, however I cant imagine they would be left behind.

Thanks again !
 

AllForHer

Well-Known Member
23 July 2014
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That's worrying. You should probably get your representative to contact her first before acting so you can get confirmation that the passports have actually been acquired, then clarify that you haven't consented to any overseas travel which has not first been addressed with you. You probably need to assess the risk that if she does travel without consent, what are the odds of her relocating abroad on a permanent basis? Does she have family overseas?

Any other ties to the destination country? If so, you can potentially apply to have the children placed on the Airport Watch List if the risk is significant, or otherwise, you can refuse consent until some conditions have been met, such as itineraries of travel, copies of boarding passes and contact information for when the kids are overseas.
 

Billywizzl

Member
10 January 2020
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Thanks, everyone.

Ok, so now preparing for the first appearance at court – the first hearing.

So as you know as per above I will be appearing as an applicant with interim DVO. My lawyer has suggested that we ask for supervised access at a contact centre. Obviously, I’d like more, however, with the allegations, the judge will be cautious I am told (despite PP wanting the complainant to drop the DVO as per above).

So my questions are:

1. Will the judge make such a decision on the first hearing?

2. What would happen if the respondent doesn’t turn up, or doesn’t complete the affidavit, will this delay an order of supervised access?

3. Will taking my lawyer make any difference to whether an order is made for supervised access? Do I need to take my lawyer, given the DVO allegations, to assist in influencing the decision to provide supervised access? Considering the cost, and suggestions on this page. I’m considering self-representation at this hearing.

4. What happens if the respondent doesn’t complete reply affidavit 7 days prior (I believe) – does this affect the decision at all? i.e. will the judge adjourn ? At what point is the latest that I can submit an affidavit to her response documents?

5. Will the judge set a date for the next hearing at this hearing, is that how it works ?

And the last question which is less court related – what is a “reasonable amount of time” for a person to fill in and post-enrolment documents required by a contact centre? This is a requirement to get on the waiting list for a time slot that both parents complete the paperwork).

Thanks in advance! I cannot wait to get to court!

@sammy01 long shot given how long time has passed but how did you go with your case ? outcomes? suggestions ?
 

sammy01

Well-Known Member
27 September 2015
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mate start your own thread and give us some details and you'll get good advice here...
For the minute - my advice
Do nothing - that way you'll do nothing stupid.
Outcome? Mate I know I got lucky, smart, pot of gold at the end of the rainbow... The kids live with me and visit their mum a few times a year. But it is a long story and my hair went grey before my 35th birthday as a result.
Only too happy to give some advice, but need some details.
 

Alice

Active Member
30 December 2019
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"However, is there any legal downside of contesting the DVO, and failing to be successful? "

A DVO in place prohibits you from cross examining the other party if you are self represented.
Also, a DVO, if only current for as little as 6 months, prohibit you from firearms for 5 years. An armed security officer I know, consented to a DVO instead of the expensive trial to contest it. With a 5 year firearm prohibition as a result of the DVO, the guy became instantly unemployed.
 

Atticus

Well-Known Member
6 February 2019
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A DVO in place prohibits you from cross examining the other party if you are self represented
To be clear. section 102NA or NB of the FLA (mandatory protection for parties in certain cases) can come into affect even without the existence of a family violence order.... If it is invoked & a SLR is prohibited from cross examining the other party, the court MUST provide you with legal representation (funded by the scheme) to question on your behalf