WA FVRO and CAO options

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Jimbo!

Well-Known Member
2 February 2019
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Thanks for all your previous advice. Just wanted some advice on what option/path to take. My ex has offered a 6 month Conduct Agreement Order and is adamant she won't go for a mutual undertaking. I get the impression she doesn't have a lawyer as she wants my lawyer to liaise directly with her. Mention is next month. My lawyer has advised that getting an interim order cancelled is very difficult and would only be possible if I could prove unnecessary hardship i.e affecting my employment, which isn't the case. He wants to negotiate with her lawyer at the mention. Does she need a lawyer for the mention or can she self-represent?

It is going to cost me to have my lawyer at the mention, so I'm leaning towards agreeing on a CAO which is frustrating because I have a lot of evidence (video, audio, emails etc) to demonstrate that she is clearly not in fear of me, e.g walking into my house uninvited at handover. My lawyer if a friend of my brothers, is doing this on the cheap, so his advice isn't money orientated. He's told me no chance of contesting the interim order, but I have a very strong case if it went to trial. Problem is a trial would be 8 months away, minimum. Once the interim order has passed, I can also apply to have the VRO cancelled based on my evidence, but that also requires a hearing and that takes 8 months. So really I have no choice do I? Accept the CAO?
 

Jimbo!

Well-Known Member
2 February 2019
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5
224
Last option is to take out a countering VRO, but I'm most likely not going to do that. I think it will make matters worse.
 

Jake Matherson

Well-Known Member
15 June 2018
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To answer your question "Does she need a lawyer for the mention or can she self-represent?" you can always self represent.

I'm a little confused if this is in the family court or criminal court. But if she doesn't have a lawyer she will likely rock up on the day and get some free legal advice from a duty lawyer who may or may not represent her in the court room.
That's what happens in QLD criminal court anyway from my experience.

Your lawyer will negotiate with her/the duty lawyer and hope to reach an agreement before you walk in the court room.
Lawyers prefer negotiating with Lawyers because they both understand the Law better than us and can negotiate a deal with less emotion.

If you contest these things you will be in for at least 1 years worth of wait time + money + being under the interim orders but i think you already know that.

I'm not saying that you should or shouldn't contest them that's up to you. Just confirming your suspicions about the expected short term outcome.
 

Jimbo!

Well-Known Member
2 February 2019
71
5
224
If you contest these things you will be in for at least 1 years worth of wait time + money + being under the interim orders but i think you already know that.

I'm not saying that you should or shouldn't contest them that's up to you. Just confirming your suspicions about the expected short term outcome.

Thanks. She was in court from 9.17am -9.19am, lied 4 times and presented no evidence and I was handed a VRO. And really no practical way of defending it. It's ridiculous. Reminds of the plea bargain process in the US, plead guilty, get 2 years or not guilty and get 20 years if found guilty.

My ex couldn't get to my daughters swim carnival, so I ended up picking her up and walking in together. F**k knows what people must be thinking that know are situation. This is just laughable.
 

Jake Matherson

Well-Known Member
15 June 2018
224
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659
The police took out a DVO on me for an incident that happened between my Ex and myself. She didn't want it.

I am not allowed to contact her directly or indirectly, meaning I cant even pass messages through other people as that would be a breach. There also was no clause for talking to her about the child so I had to maintain complete silence.
(Like Sammy I now like the no contact orders however I now have our child, it was a different story when she had the child and I couldn't talk to her.)

The very next day she rocks up to my house to apologise. I call the police and tell them hey she's here the doors are locked I've told her to go away I don't want any trouble.
The police come, she tells them she is here to apologise she want's all this mess to go away. The police take her statement and its all recorded for me to use as evidence later which we are among other things.

I am currently +1 year into fighting it to clear my name and it's likely to reach the 2 year mark before it's finished I reckon. There is much more to my story but yes, it's a complete joke and you're not the only one.
 
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sammy01

Well-Known Member
27 September 2015
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I hate it... But accepting without admission. Cheap, easy, fast.
So IF you contest - the thing takes 8 months to get to trial. She doesn't show, or it is adjorned. So all of a sudden it is more like 10-12 months... All the while you have the interim avo hanging over you. So after 12 months you clear your name, you've spent $$$ on solicitors and you don't have an avo anymore.
OR you accept without admission, the thing expires in 12 months and you don't have months of worrying about the up-coming trial.
 
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LovingDad1973

Well-Known Member
9 July 2019
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I hate it... But accepting without admission. Cheap, easy, fast.

I know I have sort of asked this question in my own thread but is accepting a CAO without admission always accepted and at what stage of the process does it happen? Like do I have to go to the final hearing on the INTERIM VRO (no mention hearing) and say it to the Magistrate? Will he/she accept that or should I be ready for trial?
 

Migz

Well-Known Member
20 November 2016
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LovingDad1973... You can accept without admission at any point. But in your case if you are going through Family Court, and you have a strong case against the DVO then I would fight it, believe me these bulls**t DVO's are used against you in the Family Court to the enth degree...
 
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