QLD Help with Getting DVO Amended?

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26 February 2018
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OK, so I'm wondering about amending a DVO on my partner/ex( not sure what to call him as we aren't allowed to see each other). We had 1 incident. Police were called and DVO was put on both of us as it was a really bad fight.

There had been no incidents before. I assumed it was at my discretion if we could see each other as he has conditions on his but mine is only to be of good behaviour.

Anyway I've applied to amend it. I just want the no contact stuff taken off, not to get rid of the whole thing or anything. He is being breached due to us being seen together by police a couple of weeks back (we went on a date, and as I stated, thought it would be OK, cause it was on my say so). The day it originally went to court was literally the next morning and I was still in a state of shock that we had even fought so I wasn't really aware of what it all meant and what was happening, and he didn't turn up as. I was told it wouldn't matter either way by the police.

The lady at Legal Aid said I had 0% chance of them agreeing to let us seeing each other as the kids were here and they will just say conditions with exemptions, which has me confused and very worried.

We want to continue to see each other. We didn't live together prior to this anyway which was what the fight was about (he wouldn't leave and I went into panic mode due to past abuse from my husband).

Any help in knowing what the process will be or what kind of outcomes we can expect would be really appreciated.

Also, is there anything extra I should be doing, like speaking to the police who attended that night or?

Really really hope someone can shed some light. I feel like all my choices have been taken away and I'm very panicked and stressed.
 

Piers Blomfield

Well-Known Member
3 April 2016
20
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Griffith
www.blomfieldlegal.com.au
If their are no associated charges the police should not oppose the removal of any no contact provisions on the application. Speak to the Domestic Violence Liason Officer prior and lodge the application to vary at the Registry.
 

James Dylan

Well-Known Member
6 January 2018
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Ok... so a few things here...

1) With cross order’s (DVO’s on both of you), you can only apply to have one amended - The DVO where you are the Aggrieved and your ex is the Respondent. That’s a simple process. Just go down to your local Magistrate’s Court and ask for the application to have your DVO amended. A court date will be set. Your ex-partner will be notified, and you’ll have your day in court to talk to the Magistrate.

2) With the ex not showing up for his DVO breach offence... A warrant may have been issued for his arrest. The Court’s don’t like it when people don’t attend. They take it personally. So he might want to check that and sort it out with police. He may also want to grab a lawyer to help him sort it out too.

3) Why did you think the DVO only applies at your discretion? DVO’s are ordered by a Magistrate. Not you. Thus, the conditions on the order are at the Magistrate’s discretion. Not yours. If your ex is not allowed to contact you, then he is not allowed to contact you. Regardless of what you want, because the Magistrate has told him that he isn’t allowed to contact you. And if he disobeys a Magistrate, they take that personally. So the DVO is LAW! Neither you, or your ex, can change that without the approval of the Magistrate.