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QLD Family Law - Defending Breach of Domestic Violence Order?

Discussion in 'Family Law Forum' started by Dwayne Harry, 8 February 2016.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    My former wife has had me charged with Breach of Domestic Violence Order in which she took out against me over a year ago. The breach was due to me sending her an email requesting to see my children, whom she has not allowed me any contact with for the past year.

    The initial Domestic Violence Order were all lies and had I been more emotionally stable I would have defended it better.

    My query is, can my former wife be subpoenaed to attend the family court hearing and answer questions from my legal representative that will clearly prove she is a liar?

    Kind Regards
     
  2. AllForHer

    AllForHer Well-Known Member

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    This is a bit confusing because breaches of a DVO are separate matters to family law, so where are you hoping to question here? In the hearing for the alleged breach of the DVO, or in a hearing for parenting orders?
     
  3. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Apologies, I understand. I posted it in the wrong forum.
    Thanks for correcting me.

    Regards
     
  4. AllForHer

    AllForHer Well-Known Member

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    I can still help you, I just need clarification about whether you're seeking to have her questioned in regards to the breach of the DVO, or if it's about a parenting matter.
     
  5. Dwayne Harry

    Dwayne Harry Well-Known Member

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    I have been charged with false claims of domestic violence by my former wife for the second time. This time it is for a breach of the first order for simply making a request via email to her to see our children whom I haven't seen in over a year due to a serious illness and hospitalisation. She won't even let me speak to them on the phone.

    Is it possible to have my former wife subpoenaed to attend the hearing and answer questions that will prove she is a liar or will the court purely go on her statements?
     
  6. AllForHer

    AllForHer Well-Known Member

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    The court won't go on her statements. It goes by evidence, which must be tested under cross-examination, so if she files an affidavit stating what happened, your representative can then request that she take the stand so she can be questioned about the contents of that affidavit.

    Hot tip, the court doesn't generally uphold breaches where the contact was in relation to the kids, provided said contact showed good behaviour. Are there proceedings for parenting orders under way as well, or no?
     
  7. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi and thanks,

    My enquiry is mainly to do with the breach of the DVO which resulted from a parenting matter.
    The only reason for the breach was to see my children whom I haven't seen in over a year.

    There are Parenting Plans, however, as I recently found out, these are useless unless filed with the court and turned into Parenting Orders. Is there a time limit in which to file the Parenting Plans or will we have to go through the process again. I doubt very much that she will be co-operative at all this time.

    She is purely trying to hurt me for our failed marriage, but in the process, she is also hurting the children.
     
  8. AllForHer

    AllForHer Well-Known Member

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    Yes, unfortunately, that's a fairly standard complaint in gritty family law disputes.

    You won't be able to file the parenting plan as consent orders without a signature from the mother, but if you have attended a family dispute resolution conference within the past 12 months, then you won't need to do that part again. You can file an initiating application and include the parenting plan as evidence of former arrangements and agreement between parties, however, which is something the court gives weight to.

    In relation to the DVO breach, don't focus your case on discrediting the mother for past incidents. In Queensland, the Court will generally dismiss breaches of DVOs if contact was about the children and was not abusive. This is especially true if you already have a parenting plan in place, even if she's not following it.
     
  9. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Thanks very much, you've been a tremendous help and put my mind at ease. Have a great day.
     

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