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 How Many Domestic Violence Orders can You Have?

Discussion in 'Criminal Law Forum' started by maxc, 29 September 2015.

  1. maxc

    maxc Active Member

    Joined:
    13 July 2015
    Messages:
    8
    Likes Received:
    0
    Hello everyone my question is....how many times can a single person put Domestic Violence Oders on you? Only 2 weeks after my last court appearance for Domestic Violence Order which was struck out again, my ex partner has now put another Domestic Violence Order on me. What can I do? Surely I could take some action in terms of vexatious actions? She has now put a total of 9 Domestic Violence Orders on me in which have all been struck out.

    Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Gee whiz, nine failed attempts at a DVO and counting...

    As I understand it, you can apply for a vexatious proceedings order under the Vexatious Proceedings Act 2005 (Qld).

    Read here for a bit more information: Vexatious litigants - Queensland Courts

    Hope this helps!
     
  3. maxc

    maxc Active Member

    Joined:
    13 July 2015
    Messages:
    8
    Likes Received:
    0
    Thank you yes it helps a lot and already looked at that but wasn't sure if I could seeing I'm self represented also she has put in this new dvo the things that have already been dealt with by a magistrate in the past. Can this be possible for her to do this? Also I got served this afternoon at 430pm and the court date is the next day at 9am dirty tactics to get her way but lucky my employer understands so I will be turning up
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,147
    Likes Received:
    256
    While at the court house ask for the form you need to apply for the declaration of a vexatious litigant. May not be too hard to do.

    BTW, can you ask for costs if successful defending the DVO? Maybe seeking costs will discourage this behaviour. Take in the dates and case numbers of all the previous DVOs you won to bolster your claim for costs.
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    As a self-represented litigant, it's difficult to get costs awarded because it's hard to determine your actual costs.

    But I agree with asking the court for leave to apply for a vexatious proceedings order, and the form to do so.
     
  6. maxc

    maxc Active Member

    Joined:
    13 July 2015
    Messages:
    8
    Likes Received:
    0
    Thank you both I'm off to see a lawyer and get them to spearhead this for me as it's getting really involved now. Thanks again for your help
     

Share This Page

Loading...