QLD Family Law - What to Do About False Domestic Violence Order?

[Dwayne Harry]

In May 2014, my former wife applied for and was granted a Domestic Violence Order which was based on pure lies. I have never been violent to my former wife nor would I. I have absolutely no history of violence whatsoever, prior to these lies.

Unfortunately, due to my lack of insight, and poor representation, I have never challenged the Domestic Violence Order. Now it seems like if I sneeze in her direction she sends the police around for a "breach of Domestic Violence Order" and she is now attempting to add my 2 children to the order and extend it until 2016.

She has not allowed me to see or even speak to my children in over a year and every attempt I make she reports me to the police with some "trumped up" story.

I love my children more than anyone or anything in this world and I have never harmed them in any way, nor would I. I know they love me and want to see me as much as I want.

What am I to do under Family Law?

Ami I able to challenge the original Domestic Violence Order?

 

[AllForHer]

Don't waste time challenging the DVO. Contact Legal Aid and organise a family dispute resolution conference to establish a parenting plan for care of the kids and have it made into consent orders.

Legal Aid organises the appointment on your behalf, which is safer than you contacting her yourself. If she refuses to attend or agreement can't be reached, you can pursue orders through the court.

Basically, parenting orders of any description trump a DVO, and it's usually the case that provided no acts of domestic violence have been committed against the kids (which they obviously haven't if the kids aren't on the order), the court will order time between parent and child.

 

[sammy01]

Yep, I agree. Get yourself to court to get court orders.

Have a read
Family Matters - Issue 88 - Shared care time | Australian Institute of Family Studies

I especially like the bit about how courts are increasingly giving 50/50 shared care.

Look, here is the thing. You can't see your kids at the minute unless she lets you. Clearly that isn't working for you. So you need to get someone else to decide when you're gonna see your kids and that person has to be a magistrate, but once you read that article it should give you some hope.

Next, forget challenging the AVO. Based on what you've said, she has got stuff all chance of getting it extended or having the kids added, but it does show that she's intent on keeping you away from the kids.

BTW, the family law courts are well aware that some people use AVO's for advantage and when the magistrate works that one out it will not look good for her.