Protection Order questions

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

MickQLD

Member
21 April 2017
1
0
1
I have recently been servered with a protection order,applied by the police not my partner,and it states that I'm to move out of our family home within 7 days and is enforceable for 2 years.
My partner has applied for it to be dropped/varied as she didn't want any of this to go ahead.

What are the chances of me being allowed to move back in to MY own home?.
Happy too provide more detail via PM if needed.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Mick,
Have you been served with a summons to attend the 'mention date'? I would speak with a lawyer to make sure you are well represented. Because this is a police issued protection order the court will need to determine if your partner is safe for you to return to the house. So even though your partner might get up and say everything is fine, it was all a mistake or whatever, it doesn't mean the court will just revoke the order.
 
  • Like
Reactions: MickQLD

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
mate you really wanna think this through. So for 2 yrs - assuming you get it varied - which is probable - but you're gonna have to spend a few grand on a solicitor... BUT once it is varied so you can return to family home, you will not be allowed to argue with the partner for 2 yrs. Don't matter how silly the partner is. If the partner chooses to call the cops and say you've been naughty, you will be arrested.

Look I hope you and partner sort it out... But from my experience, once things have gotten to a point where one person has spoken to the police - for what ever reason.... the relationship is obviously on shakey ground. But for your own sake get used to the idea that if there is any form of argument, you need to leave the house and not return until partner agrees that there is no more argument. If you do get it varied, pack some clothes etc in an evacuation bag and be prepared to leave on one minutes notice if there is an argument. From my experience my now ex, thought the AVO was great, she was happy to continue with the relationship knowing that I could no longer argue about anything because she could call the cops.... I get home from work - Wifey would say - I bought some nice new sunnies, they cost $500. Aren't they nice. Now the obvious answer is $500 sunnies are you crazy....

One more thought - go waste some money on a solicitor.... Maybe a solicitor can get the thing thrown out. But that is dependent on the details of what is in your partner's police statement...
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
I have recently been servered with a protection order,applied by the police not my partner

If the partner chooses to call the cops and say you've been naughty, you will be arrested.

I agree with sammy01, you can become a criminal and thrown in jail then your life is ruined forever.
I suggest you avoid any contact with her or if you must need to, do it trough a Lawyer or family supervised meetings.
Good luck.