LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Ex Using False Statements on Domestic Violence Order Against Me?

Discussion in 'Family Law Forum' started by daztay, 16 February 2016.

  1. daztay

    daztay Active Member

    Joined:
    16 February 2016
    Messages:
    5
    Likes Received:
    0
    My partner and I hit a rough spot and she ended the relationship after a discussion we agreed to give it one last go. After she spent the day with her mum, she changed her mind. She rang the real estate to break the lease after I messaged her to talk about the house.

    The real estate informed her that the only way to break the lease was with a AVO / Domestic Violence Order. After the real estate informed her, they rang me to inform me of the same information (this was on a Friday).

    On Monday, I got served with a Domestic Violence Order full of false allegations (serving officer informed me she applied on Saturday). I'm worried because she is suffering from postnatal depression and is very easy to influence, we have two kids that I can't see now.

    My question is, when we go to family court for this, is there anything I can do to see she gets help for her postnatal depression and is there a charge for filing for a Domestic Violence Orders using false statements?
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,043
    Likes Received:
    123
    Ok, so there is no 'charge' for false allegations. Nothing you can get her to seek help for postnatal. But what you can do is start thinking ahead. She has been very strategic here. I'd go so far as to say calculating. She has found out what she has to do to get off the lease and she has done it. That ain't postnatal depression, that is calculating.

    So start working out if you're gonna let her play you for a fool, or if you're gonna start trying to play the game smarter than you are already.

    My concern is your post is all about being worried about her. Time for you to start worrying about you.
     
  3. daztay

    daztay Active Member

    Joined:
    16 February 2016
    Messages:
    5
    Likes Received:
    0

    I have already gone through everything I have to get evidence and handed it to my solicitor. He said I've got enough to get the DVO dropped no problem and no reason I shouldn't get 50/50 custody. I've got statements and character references and messages and photos among some other things. I've got all I can at the moment until I hear her statement which is why I'm at the point now that I'm concerned about her health as she has our kids

    I've also gone to mediation and taken initiative and joined a parents not partners class next week and have my meeting for mediation on the 23rd
     
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,043
    Likes Received:
    123
    Good work. I think you're doing everything you can to get a good result from a bad situation.
     

Share This Page

Loading...