NT How to Get DVO Removed or Reduced?

Discussion in 'Family Law Forum' started by Nilpyz, 28 January 2019.

  1. Nilpyz

    Nilpyz Member

    Joined:
    28 January 2019
    Messages:
    1
    Likes Received:
    0
    Short Version: How do I get a DVO removed that I have against my partner as it is not needed and I was pressured into it by child services.

    Long Version:
    The DVO is a 2 year no-contact with myself and the two kids on it. I was pressured into it by child services with the threat of my children being removed from my care. We have no bad family history, no police/criminal history, no drug or alcohol abuse and no domestic abuse history. NT Child Services are notorious for being incompetent and useless. My partner has never harmed myself or the children and they adore him. Child services also made me move interstate to stay with my parents so they can close their case.

    My partner and I are on good terms, I tried to appeal the DVO before it was enforced for two years and it was denied. It has been 6 months now and we both want it dropped. The only evidence in the DVO is my words, which were taken out of context and exaggerated and a call log which shows he made numerous calls to me prior to the DVO.

    I'm expecting a third child and want this DVO removed so our family can be back together again. the kids are always asking for their dad. I cannot live with my parents any longer as they confiscate my phone, want access to my bank account, emails etc to make sure we aren't communicating.

    In short the DVO is absolutely a kneejerk reaction by an incompetent government department who forced me into signing it or removing my kids. They have no proof of domestic or child abuse nor is there any.

    I'm worried that if I drop the DVO that child services will be notified even though I'm out of their state or my parents will try to take the kids.

    I really want to be with my partner as he is an amazing guy and didn't deserve this. He loves the kids and they love him. I will be hiring a lawyer later this week but wanting some advice. Worse case scenario is we will be moving to NZ to get around the DVO.
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,223
    Likes Received:
    864
    You make an application to revoke and in the alternative amend the AVO.

    You say change of circumstances, the changes being partner has changed, kids are missing him, you are pregnant. You also say the current order has been fully complied with, but is causing issues for you and your children.

    If the court will not remove the AVO, you ask to have the AVO amended to something you can both cope with, something far less restrictive than it is now.

    I cannot say whether the court is likely to grant your request as the details of your first case are important.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;