How to get a DVO removed

[Bizzy]

My current partner was served with a temporary restraining order by his ex. All the allegations were ludicrous- many I was witness too so I know first hand they aren’t true and another we were out of town and couldn’t of happened. My partner received legal advice to consent to the DVO but not to the allegations; however having a DVO against him, prevents him and I from being together because I’m a foster carer. My partner has had a raw deal from the police, with the police not taking acts against him by the ex, seriously.
My question is how hard and how do we go about getting the DVO removed?

 

[sammy01]

I've got nothing to give you but sympathy.
Look your best bet is paying a solicitor...
Do you think the ex will front up to court on the day of the first mention? Look he can contest it, but doing that without a solicitor is gonna be pretty hard and solicitors do charge $$$ crazy money

 

[Atticus]

having a DVO against him, prevents him and I from being together because I’m a foster carer.

First off, I would be checking that, because I would be very surprised if that is actually the case... Even having a criminal conviction may not prevent a person from becoming a foster carer & accepting a DVO without admissions is not in any way a criminal conviction..

My current partner was served with a temporary restraining order by his ex

So was the DVO a result of her private application or was it applied for by police on her behalf?... Note... The police would have served it in either case, but who is the applicant ?

 

[Bizzy]

private application. Ex was the applicant

 

[sammy01]

Private application = easier for your partner to defend. Seek legal advice.

I reckon the mob who run the foster care program have a policy. So as a teacher having an AVO didn't exclude me from my job via the working with children criminal history check. If Aglicare - or who ever administers the foster care scheme have a policy - it isn't lawful, but you're gonna struggle to get past that loophole

 

[Atticus]

private application. Ex was the applicant

Yes this makes it easier to challenge in as much as you won't be facing a police prosecutor in court.... That said, you need to look at the alternatives in your particular case & the actual affect the order is having on your lives. If your partner has no kids with this woman & doesn't really need to be in contact with her for any real reason then accepting without admissions is by far the easiest way forward.... Double check that not being able to live with you because you're a foster carer... If it does turn out to be factual, then that is a good reason to challenge it.

If it has no real affect however then it comes down to the principal of the thing... Hard to accept if you know it's based on a whole bunch of BS. But you need to consider what is involved in challenging the thing. It will in part consume your lives & allow this woman to occupy your thoughts A LOT.... If you want legal advice on how to defend it, that's costly, much more so if you engage a lawyer to represent you in court.

My question is how hard and how do we go about getting the DVO removed?

If your partner opposes it at first mention, a trial date will be set.... It is not a criminal trial so the presiding magistrate of the day only needs to be satisfied on the basis of probability that she has reason to feel threatened or in some degree of fear of your partner... It's a very low bar, & many magistrates simply er on the side of caution in confirming an interim DVO into an order, especially if there is no real consequences to the respondent.... One thing you could use is if you can present to the court something official about him not being able to live with you because you are a foster carer, that would be a significant consequence that needs to be taken into account, BUT, it would have to be clearly set out as such in an official document from the overseeing organization, not merely something you believe is the case...

He would also have to convince the magistrate that there is no reason for her to be in fear of him.... That is not going to work if there is any suspicion that he has been in contact with her AT ALL without good reason