QLD Have impending DVO hearing and don't know what to expect

[Good dad]

In brief, I captured for the first time a video of my wife in which she was being very aggressive towards me and during the tirade she was rifling through the utensils drawer arguably looking for the carving knife, which fortunately was in the dishwasher at the time. She attacked me and tried to wrestle the phone from me when she discovered I was videoing her and then rang 000 citing that I was strangling her, again whilst I kept the video rolling, so it shows I did not do this.
Police came and encouraged I issue a DVO against my wife, which I said no to as I did not want to inflame the situation. Police then issued a DVO on my behalf.
It went to court the next day and my wife got the matter adjourned for 4 weeks, but the DVO was upheld.
In the meantime I stayed elsewhere to give her time to settle down. I sent her a text 4 days later saying I was coming home and hoped she had calmed down.
I heard nothing that day and was getting concerned, I picked up our youngest from daycare, fed, showered and put him to bed. At 8pm two police arrived and said sorry but your wife just put an DVO against you which comes with orders you have to vacate the house now and your kids are included in on the DVO, so no contact with them either till the matter is heard in 4 weeks.
I have read the claims of abuse from my wife and 95% is fabricated. The other 5% whilst true were a result of my actions protecting our children from her abuse.
Will I be asked to provide a response to each of my wife's abuse claims?
I have compiled a long list of factual emotional, physical and financial abuse that both my children and myself have been subjected to over the years, am I able to include this in on the Police issued DVO?

 

[sammy01]

mate there are lots of threads here about dvo's. Read them.
My advice has been to accept without admission. My thinking was that the fight was gonna cost money, solicitors and time. There is one thread you should find here where the punter tried to defend the avo. It took 13 months to get to a final trial. BUT the avo only lasted 12 months. Madness.

But in QLD I believe these suckers now have a 5 year life span... So for 5 yrs the ex can call the cops and have a whinge and you will be called in for a chat. I read a study that indicated 70% of complaints to the cops about breaching avo / dvo result in no action being taken. In short the cops see the complaint as being vexatious. I hate to say it but I still reckon accepting without admission is the path of least resistance and lets face it if you try and fight the thing you will only be pissing off the ex and right now, she is the only thing stopping you from seeing your kids, so probably not a great idea to piss her off. True?

So lets think this through - in 4 weeks you tell the magistrate that you want a trial to challenge the avo. It will get adjourned for months but the interim avo will remain in place. So you still can't go to your house, pick up the kids, not without her permission.

So some thoughts / suggestions
1. Find out when the local court is sitting. Go and sit in an watch for half a day. Get familiar with the surrounds. Just so you know the lay of the land come court day.
2 - Get a solicitor to write to her asking for her to agree to some access to the kids. You can't write to her, but a solicitor can. That will set you back a grand or so, but it is worth it
3 - contact Relationships Australia. Do a google search for mediation services. Relationships Australia is heavily govt funded so it wont cost you very much. There are other govt funded services so start googling and get onto them. There are private mediators but they charge like a wounded bull.

Maybe she will play nice and give you access to the kids. But if she doesn't you need a certificate from a mediator to show that you tried mediation and it failed. You can't apply to family court without that certificate. So the sooner you get mediation happening the better

 

[Good dad]

Well that isn't good news, I run my business from home and is currently in limp mode. I may be able to sustain another 4 weeks only before I will be forced to shut down. The house is mine, the wife did own her own house which was rented, but sold it 18 months ago. She has plenty of money but looks like she will end up with everything I had as well. I fail to see why the perpetrator, arguably who was going to stab me, becomes the winner in this. At 55 I am to old to consider starting from scratch. Future is pretty bleak.

 

[Atticus]

So, the police have served a DVO to her on your behalf which has been upheld & confirmed, & then she has sought a private application for an interim DVO against you which has been served on you? Have I read that right?

 

[Good dad]

So, the police have served a DVO to her on your behalf which has been upheld & confirmed, & then she has sought a private application for an interim DVO against you which has been served on you? Have I read that right?

Yes correct, but she put conditions on hers

 

[sammy01]

Nope if the cops delivered it then the cops took the avo out on him... Well that is the way I'm reading it.

Good dad - time to lawyer up. I reckon you could ask a solicitor about accepting without admission but asking for the conditions of the avo to be altered.
I'm assuming your name is the only one on the title of the house? you could ask for an amendment so that you return to your house because it is your's and because you run a business from there.

 

[Atticus]

Nope if the cops delivered it then the cops took the avo out on him... Well that is the way I'm reading it.

The cops serve ALL DVO's. Private applications included

Yes correct, but she put conditions on hers

What conditions were on the DVO that the police served on her on your behalf? Was/Is she still living in the house?

 

[Good dad]

Nope if the cops delivered it then the cops took the avo out on him... Well that is the way I'm reading it.

Good dad - time to lawyer up. I reckon you could ask a solicitor about accepting without admission but asking for the conditions of the avo to be altered.
I'm assuming your name is the only one on the title of the house? you could ask for an amendment so that you return to your house because it is your's and because you run a business from there.

The police delivered the wife's private dvo to me just as the messengers, but the police issued a dvo against my wife after I told them I did not want to issue a private dvo

 

[Good dad]

The police delivered the wife's private dvo to me just as the messengers, but the police issued a dvo against my wife after I told them I did not want to issue a private dvo

My wife has to fight police in her case, in my case I am fighting my wife's baseless claims

 

[sammy01]

right - I'd check that, but if you're sure, then mate I reckon you lawyer up and try and get her outa the house so at least you can run your business.

Has child support called you yet?