LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD General Information on DVOs?

Discussion in 'Family Law Forum' started by Jo_ann, 29 June 2015.

  1. Jo_ann

    Jo_ann Member

    Joined:
    29 June 2015
    Messages:
    2
    Likes Received:
    0
    Hello,

    I am just chasing some general information about how to change conditions of a DVO ( domestic violence restraining order). I have the appropriate paperwork completed and ready to go. I am more interested in the actual court process involved if anyone could shed any light on it? Such as do we both attend, is it done in one hearing, what supporting information should be provided, if at all? etc.

    Just for a bit of background, I applied for a DVO against my ex almost 2 years ago where he was not to have any contact with me whatsoever (due to expire in 4 months). He has since been diagnosed with a personality disorder, attends weekly psychiatrist, group and alcohol abuse appointments and has made great improvements with his mental health and just life in general. We have had minimal contact during his recovery but now would like to attend counselling together, and apart from this he has abided by the order the entire time it has been in affect. I do not want to remove the 'must not commit domestic violence' part (got to cover myself still just in case!) but I am seeking for the removal of the no contact elements of the order.

    Any help is greatly appreciated, I can't find much info past having to lodge the application with the court (duh!).
     
  2. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Jo_ann,

    Do contact your local community legal centre to enquire about the amendment process in QLD if you haven't already done so.

    For intervention orders, any amendment to the order must be done by court order. It is similar to the initial application for the original DVO. It is done by way of a court hearing at the Magistrates' Court. You will need to convince the Magistrate why the amendment is necessary. The respondent will be informed of the application to amend. If they are allowed to attend, they can make arguments as to why it should not be amended. If they are not allowed to attend (e.g. it is an urgent application), the respondent is allowed to apply to the Magistrate within a limited time (e.g. 28 days) of the decision and persuade the Magistrate why the amendment should be set aside.
     
  3. Jo_ann

    Jo_ann Member

    Joined:
    29 June 2015
    Messages:
    2
    Likes Received:
    0
    Thanks Tracey, that is the information I was looking for. I had contacted the court and a few legal services,and unbelievably, o one could provide me with any answers. Thanks again.
     
  4. emem13

    emem13 Active Member

    Joined:
    30 June 2015
    Messages:
    5
    Likes Received:
    0
    If you allow him near you that's your right. So if it means you'd put it in writing that he can attend mediation etc and be near you then that is evidence for him so you cannot turn around and say that he has contact with you where he would then get breached.

    Still go through the legal channels though and put it through the court to apply for that order to be taken away. It is a simple process. They might even amend it so that you are specific about where he can see you until the order expires. It is usually heard on the day and changed on the day. It helps if you and him attend so the orders can be given to both of you at Court.
     
  5. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Jo_Ann,

    @emem13 is right, you can ask the court to amend the order to allow electronic contract for the sole purpose of arranging therapy sessions with X therapist, and face-to-face contact during agreed upon therapy sessions. Alternatively, you can consent to seeing him and having him contact you for the purposes of therapy. If you consent, he will not have breached the court order. However, it is best to have the consent in writing that sets out the scope of contact so there is something to refer back to if he later contacts you outside of this scope. For the second option, you do not need to go to court and ask court to amend your order.
     

Share This Page

Loading...