QLD Getting DVO dropped after 2 years or re-heard in court

[Barry123]

Hello , I had a DVO placed on me in October 2020. There was no arrest or charges laid. The basic accusations of it was 'not giving her enough money ( even though she had a job and we have no kids )' , Me asking her what groceries she bought and i ignored her on the couch one day etc etc .All where ' non physical violence type accusations' . My lawyer went to court on the day of trial ( and he didn't tell me i was supposed to be there ') . He called me and said ' I told them you accept the order mate and you MAY be able to get it dropped after 2 years ' . The whole thing was triggered by her phycologist who called the police thinking she was ' in danger' ( from what danger ? i dont know .... I wasnt home) . She admitted in affidavit that I have never threatened her or hit her.
1. Can i sue the psychologist or the aggrieved for defamation ?
2. Is it common to get the DVO dropped after 2 years like the court said ?
3. Can I have the issue re-heard due to unacceptable legal representation ?
4. My lawyer talked it out of me by saying ' shes getting this for free mate and its costing you " ( as the police where the applicant ) .

There are many issues here which I know will go in my favour without going on to much about it. I want to get the stigma of DVO off my character . I can get MANY character references from 20 years of the same friends ( including accountants , and other professionals)

Regards

 

[Overandout]

I’m not certain on the answers to the questions to asking but would have thought the police wouldn’t apply for a dvo without reputable information?

 

[Atticus]

you MAY be able to get it dropped after 2 years '

Is there anything in writing in the order that says that it ends in two years, or can be bought before the court again in two years? .... If not the default period in Qld is five years.

To answer your other questions ..
1) No ... the psych may have been acting on mandatory reporting. Basically doing what he's required to do if someone reports DV.
2) Not unless the order specifically says so
3) You can apply to vary the order >>> DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 91 When court can vary domestic violence order .... The protected person will be notified, still represented by police at no cost. Not likley to be varied without consent of the protected person, sometimes not even then.
4) Your lawyer did you a favour & saved you money by leveling with you.

I want to get the stigma of DVO off my character

Totally understand. Been there myself... End of the day, unless it's somehow DIRECTLY affecting your employment, then these things have little affect... The protected person should not be making this order known to all & sundry, publishing it etc.. If that happens, you can take action to have it stopped.

 

[sammy01]

"I want to get the stigma of DVO off my character"
Yeah, i get that... But it isn't like the advertise in the paper every year the names of people with an AVO... My point being the stigma is in your imagination... Mate before you get grumpy with me... I know. Trust me I know. I'm a teacher in a small town. For years I had this constant worry that the check out chick or the guy at the petrol station knew my ex and knew had an AVO on me.... But it was all in my head.

My advice... Do nothing. By the sounds of things the chick is a nutter and you'd do well to leave things alone. Really, unless you're looking at the police or want a gun licence, the AVO is of no real consequence.