WA Family Violence Restraining Order

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LovingDad1973

Well-Known Member
9 July 2019
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sorry one further question - how do I get a copy of the affidavit & transcript used to get the INTERIM FVRO?

Do I just go to a desk at the Magistrates Court?

I only know bits and pieces of what has been alleged against me - mainly what used by my ex-wife in her Family Court action.

Thanks
 

sammy01

Well-Known Member
27 September 2015
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ok I am very familiar with NSW legislation on these suckers. But most states appear to have similar levels of insanity.
Yep you can self rep in avo's but you can't directly question the accuser. Not in NSW anyways.

A conduct agreement order is still an order. In NSW it can't happen. I believe in some states it can. But the 'victim' needs to agree. So you're stuffed. She ain't gonna agree. But you've said your prepared to accept a 'without admission order'. I do believe that will mean stuff all in your family law matter. So if you're prepared to do that then you don't need the affidavit, or to know how to question yourself in the stand. All you gotta do is stand up and say that you accept without admission.

Mate, there would not be an affidavit, there would be a police statement regarding her allegations. You could go to the police station and speak to the police officer that took down the statement. But, I reckon he will find the cops will do all they can to keep it from you.
 

Step2Three

Well-Known Member
21 December 2018
45
12
154
sorry one further question - how do I get a copy of the affidavit & transcript used to get the INTERIM FVRO?

Do I just go to a desk at the Magistrates Court?

I only know bits and pieces of what has been alleged against me - mainly what used by my ex-wife in her Family Court action.

Thanks

Grab a copy of "Form 1- Request to Inspect or Obtain Copy of Court Record" off the Magistrates Court Website, and request the Application, Affidavit (if one was filled in) and Transcript of the hearing. You can lodge it at the court if that's easily accessible to you. If you're unsure about anything give them a call.
 
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Jimbo!

Well-Known Member
2 February 2019
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sorry one further question - how do I get a copy of the affidavit & transcript used to get the INTERIM FVRO?

Do I just go to a desk at the Magistrates Court?

I only know bits and pieces of what has been alleged against me - mainly what used by my ex-wife in her Family Court action.

Thanks

Yeah I'm in Perth and just walked into Joondalup magistrates court and got a copy of the affidavit there and then and the transcript was emailed 12 days later.

Not sure where you're at. My ex took out a FVRO, I had a good lawyer, my brother is a lawyer and my friend is a top criminal lawyer in Perth (she worked on the Lloyd Rayney case). All of them said the same thing, my ex has no chance of winning if it went to trial. However she offered a 5 month CAO. If I wanted to apply to have the FVRO cancelled I would have had to wait minimum 6 months, probably longer and at a cost, going to trial, even longer, 8 months plus and more money, so for me, sadly, the 5 month CAO was the best option.

This has been my frist dealing with any kind of legal stuff and I've been left gobsmacked at how unjust, archaic, ineffective and idiotic the whole FVRO process is. Bizarre. My ex was in court, lodging the FVRO for 2minutes, 9.17 - 9.19. No evidence was presented and she managed to lie 4 times in those 2 minutes. Lies that I could have easily exposed if it went to trial.... frustrating that I couldn't. On this occasion I had to roll over and accept I was beaten by my ex and beaten by the system. C'est la vie.
 
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sammy01

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27 September 2015
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My advice was no where near as good as jimbo. He knows the wa system. Take his advice over mine every day of the week
 
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Atticus

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6 February 2019
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My only concern is that not contesting the FVRO is how my ex-wife would try to spin it at Family Court.

Has your ex WIFE or children ever been the subject of any kind of a protection order from you?..... If not, then whether you contest it or accept without admission, any allegations made about your behavior in a FVO application towards this ex girl friend has no bearing at all on the case between yourself & ex wife in the family court, & most certainly not related to your child's right to a meaningful relationship with you.. In fact, if your ex wife introduced any information in relation to it in an affidavit I think you would have reasonable grounds to have it stuck out as irrelevant.....
 
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sammy01

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27 September 2015
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Agree with all of the above. Mate u got a good judge for the family law stuff. I don't think he is gonna care about anything that doesn't relate directly to your case.
 
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LovingDad1973

Well-Known Member
9 July 2019
55
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Has your ex WIFE or children ever been the subject of any kind of a protection order from you?..... If not, then whether you contest it or accept without admission, any allegations made about your behavior in a FVO application towards this ex girl friend has no bearing at all on the case between yourself & ex wife in the family court, & most certainly not related to your child's right to a meaningful relationship with you.. In fact, if your ex wife introduced any information in relation to it in an affidavit I think you would have reasonable grounds to have it stuck out as irrelevant.....

I will give some more background as it might help someone in the future in a similar predicament:

My ex-wife never requested an FVRO or reported me to the police for domestic violence (or anything else). Because during our 17+ year relationship I NEVER assaulted her. I grew up in a very matriarchal family where the mums ruled the roost and it would be unthinkable to even consider hitting a woman. I also have a completely clean police record - no convictions for anything.

My ex-girlfriend threatened all sorts when I finished things with her, including that she would report me to the police (done) and have my children removed from me by getting in touch with my ex-wife (also done).

I literally had to take my ex-wife to the front door of the courtroom for full trial at Family Court in November 2018. It was only at that point that she agreed to Final Orders around care arrangements for our children and trial was canceled. Therefore my ex-wife jumped at the chance provided my ex-girlfriend alleging assault.

My ex-wife stopped me seeing my children in late May 2019. Her Family Court affidavit was 80% about what my ex-girlfriend alleged, 15% about historical crap that had been sorted in Nov 2018 and 5% my ex-wife suddenly realizing that I had been violent during our marriage:rolleyes:. Even though she had never mentioned this in our previous 3 years of litigation in the Family Court and there was no evidence of such a marriage e.g. the police never being called etc

When I went back to Family Court in June 2019 there was a witness, I assume some sort of Court appointed social worker who gave his opinion that allegations by third parties (especially former partners who may have their own agenda) are intrinsically weak and not much weight should be given to them.

I had a letter from my psychiatrist which was completely positive including that I do not present "a danger to myself or anyone else". Because it was the initial Family Court hearing I wasn't allowed to add exhibits to my responding affidavit. However, I prepared a file of exhibits as if it was a full trial and wrote what I consider a damn good affidavit. Anyways, the magistrate asked for my psych report which I had mentioned heavily in my affidavit and I was able to hand to him at court. He read it and asked my ex-wife's lawyer was this not sufficient, to which she replied no. WTF it could not have been clearer about my mental health etc.

Anyways the care arrangements agreed in November 2018 were reinstated by the magistrate. However, we still have to go to mediation and potentially a further hearing in September 2019. I am a bit unsure what mediation will achieve. My ex-wife has requested I do things like attend a "24 week domestic violence perpetrators course". But that seems beyond stupid as I haven't perpetuated domestic violence. Anyways I will attend and be receptive to whatever is suggested so long as it secures my care arrangements with my daughters.

One thing: before making his judgment the Magistrate asked me whether I was objecting to the FVRO, to which I replied yes. This made me think that there may have been some weight given to the FVRO, which my ex-girlfriend had only requested 5 months after the alleged assault and after my ex-wife removed the children from my care.

Oh another point I thought interesting. My ex-wife's lawyer got my date of birth wrong in her Family Court documents. And would you believe it my ex-girlfriend put down the exact same incorrect date of birth for me on her FVRO. Therefore I believe that my ex-wife's lawyer completed the court documents for both my ex-wife and ex-girlfriend. Collusion much

I finished both relationships - my marriage because my ex-wife had an affair and my ex-girlfriend because of her level of crazy got too much for me. Hell hath no fury like a woman scorned eh
 

LovingDad1973

Well-Known Member
9 July 2019
55
2
199
Agree with all of the above. Mate u got a good judge for the family law stuff. I don't think he is gonna care about anything that doesn't relate directly to your case.

We got the same magistrate that we have had throughout our legal action in the Family Court. When we came to agreement without the need for a full trial in November 2018 he thanked us for being mature and not wasting the time of the Family Court. I guess at this stage he is starting to see that one parent (me) just wants to get on with his life and enjoy parenting his children and the other parent (the mother) will do anything to prevent this.

He is tough though. And I got told to stop speaking at one stage :) But he seems fair and so long as I get my ducks in a row I feel confident I can bat off the false allegations that ex-wife raises.

PS: I fully expect that my ex-wife will continue this behaviour, especially until our children get older and have their own voice. So in many respects I live my life like its a dress rehearsal for Family Court o_O
 

Atticus

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6 February 2019
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If a FVO (even interim) is in place, the court MUST take it into some account... I think for two reasons. Firstly if one exists they have a duty to ask questions & be satisfied that it has been given the weight it deserves in any decision. Secondly so that when orders ARE made, they can take into account any of the conditions of the existing order. Family court orders can take precedence over state issued orders...

I have had my own experience with being served with a DVO based on lies albeit about 20 years ago. They were easy to get then & things have just gotten worse, quite batty in the last several years IMO... As necessary as they are, they are also the most abused application in the legal system. Enormous waste of money & resources both in the court & our police forces.

The thing that gets me most is that there seems to be just zero will in the system to target this abuse or even bring to some account those that are exposed as lying & make false accusations... Don't think it's going to change anytime soon unfortunately..

I didn't accept without admissions all those years ago... I was prepared to self represent..Trial dates were set & adjourned by the other side, for almost 12 mths till she finally withdrew it rather than face court... Consequences? Zero.. Absolute BS
 
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