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QLD Family Law - Do I Have Grounds to Fight Domestic Violence Order?

Discussion in 'Family Law Forum' started by peter george, 18 August 2015.

  1. peter george

    peter george Member

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    I have a temporary Domestic Violence Order against me for my daughter and my former partner. I have applied for interim orders and have been granted 3 hour supervised visits only with my daughter because of the DVO.
    The matter is being heard next week, I am fighting the order. I want my daughter removed from the order, there is no evidence of abuse against my daughter. The courts are basing the order on what my former partner has stated.

    I was advised by a DVO prosecutor to fight it entirely as the order was made in early January. I have not spoken to or made any form of contact with my former partner for over 8 months. We separated, she would not allow me to see my daughter, she moved in with a man I believe she was having an affair with. I sent her life threatening text messages from a different state. I was emotionally distraught at the time as I have always known she would do anything to stop me from seeing my daughter again.

    She has separation issues. When I see my daughter for the weekly visits, the former partner sits in her car within 40 metres from me. The DVO says I am not allowed to be less than 100 metres from her.

    Do I have grounds to fight the DVO under family law or because of the abusive life threatening text messages I sent her over Xmas, will they automatically grant her the DVO?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Look, life threatening text messages are pretty serious, particularly as it was against the mother of your child, which means you're expected to consider your child's needs, rather than just rolling with your emotions. You need to have an ongoing relationship of some description with the mother in order for the child's best interests to be met.

    Thus, I would wager you would better off just accepting the terms of the DVO and being on your best behaviour so as not to breach the orders.

    You could try and argue that the child be removed from the DVO, but it's impossible to predict an outcome for you.

    As a matter of interest, DVOs are state-based, and parenting orders are federal. The way they operate together is that a parenting order supersedes a DVO as far as is necessary in order for the parenting orders to be accommodated. If the parenting orders stipulate how the parties are to communicate, then communication in that ordered method and only about the child is not ordinarily considered a breach of the DVO. If you communicate about anything except the child, you may be held in breach of the orders.

    You might consider attending a post-separation parenting course with Relationships Australia, as well. Doing so will show the court that you're willing to improve the situation with the mother and co-parent without all the conflict.

    Hope this helps.
     
  3. peter george

    peter george Member

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    Its not me. I am happy with my life it has been 8 months since we separated I am happy to only communicate with her about our daughter. The problem I am having is that she will not communicate with me or any member of my family this has also included mediation. She is not only denying me any contact but all of my family as well. She does not want me to have any form of contact with my daughter I believe because she has a new family and wants me out. Her affidavits contain many lies including family violence rape and child abuse all of which are not true. I can prove this. That is what I am fighting for to be able to see my daughter and have meaningful contact which is difficult when the mother wont respond
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, if you've filed an initiating application for parenting orders, you've taken the most sensible next step. Most parties find that initiating proceedings is a pretty good nudge toward consent orders, so it might be best to just do what you need to do for your parenting proceedings in the meantime. Just make sure you document everything.
     
  5. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Wow I had to double check I hadn't rejoined forum under another member name as I could've wrote your post near word for word brother ! It seems your on decent terms already with police prosecutor so I'd be chatting to him/her saying you'll accept without admissions on proviso that daughter is removed as protected. Of course let them know that you know that doing so will save ex "trauma" of appearing & participating in trial.No cost to community ,free up valuable court time.....yadda,yadda,yadda.

    Decent chance they got kids also so calmly assure them you know ya got to cop something but all your concerned about is seeing child & she's only seeking child on order for strategic reasons for Family Court & you realize that that's where the allegations matter & will be part of them proceedings accordingly.They get to look good in front of magistrate for tidying up outside & they've effectively handballed the lot to another courts time & budget.
    Good luck as It sucks though.
    ok
     
  6. peter george

    peter george Member

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    Unbelievable I have since been through a child inclusive conference which was damming for me not for what I or my daughter said. My daughter says nothing but positive wonderful things but my former partner who really believes she was emotionally abused by me managed to convince the 25 year old male that she was I know how it easy it was for her because she really believes that me applying to see my daughter is emotional bullying. It has now made me totally aware of just how easy it is for women like my former partner to manipulate the system.

    I'm still not even sure that they will even look at any of the evidence I have that disproves what she says. I feel like I need to start lying just to compete with her because sure as hell telling the truth is not working. I have tried accepting the terms with my daughter removed but it was met with no. She is doing this because she wants me gone from my daughters life it is that simple. She has a new daddy for my daughter.

    I know every thing is going to be a fight, what I don't understand is why she has been able to get away with it. That the report writers are supposed to be experts and yet he could not see through her and this worries me. He has asked for a more extensive family report, and I am thinking what for she has already succeeded in convincing you why should I have to pay several thousand dollars for you to condemn me even further? My ex knows this system this is what she did for a living before we had children. She knows all the right things to say.
     

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