No Further or Better Particulars.. Court is in two weeks

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Tammy Lew

Member
16 October 2019
1
0
1
Hello,

I won't go into the details but I have a restraining order against my ex-partner and he has now applied for one against me court is about 2 weeks away and he was meant to provide evidence/witness list over three months ago but haven't heard a peep from his lawyer. So I haven't been able to provide my evidence back to him and also my witness list. The court is booked in for two days... what is going to happen? I'm not able to prepare and I've asked the court if anything has been lodged and there is nothing.

This is also is second attempt at an order.

Kindest,

Sammy
 

GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
I can't help you much with your specific situation but I had an interim IVO placed on me and I attempted to defend myself against it and got right up to the defended hearing date. My ex was supposed to provide further and better particulars by a certain date and she failed to do so as well. I did eventually receive them (months after their due date) and they were very just random documents (bank statements, letters etc) that I found very difficult to understand what her case was supposed to be, which of course also made it hard for me to prepare a case against as well. In the end, I managed to get a deal settled (to take my children off the order if I agreed to a further 6 months on the order). It wasn't the ideal situation as the allegations were basically fabricated and exaggerated and I think I could have defended myself, but the whole process was so messy and confusing and I just decided that it was easier to let it go than to fight it. Especially considering there were family court consequences for losing the case. Your situation seems to be a bit different, but I have to ask, is it worth you defending yourself against yours? If you both have applications, then you presumably both have no interest in seeing or communicating with each other. I don't see the harm in that case?
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
349
27
659
Hello,

I won't go into the details but I have a restraining order against my ex-partner and he has now applied for one against me court is about 2 weeks away and he was meant to provide evidence/witness list over three months ago but haven't heard a peep from his lawyer. So I haven't been able to provide my evidence back to him and also my witness list. The court is booked in for two days... what is going to happen? I'm not able to prepare and I've asked the court if anything has been lodged and there is nothing.

This is also is second attempt at an order.

Kindest,

Sammy
Are you in Victoria?