Update on this matter for those interested:
I applied to the Magistrates Court and was awarded an INTERIM FVRO against my ex-partner. I went there all prepared with my evidence but the magistrate isn't interested in the evidence at the Interim FVRO hearing stage, your word is accepted. He just asked me a few questions and I asked him a few questions also. The magistrate was actually a decent bloke and explained his decision making very well.
For me getting the Interim FVRO against my ex-partner had the following benefits:
1. it showed me the process my ex-partner went to get her FVRO and why one was awarded to her without any justification - basically she was free to claim anything she wanted without having to substantiate with evidence
2. made me determined to fight her Interim FVRO as I have a weight of evidence contradicting her claims. In this regard, I have requested a transcript of what was said at the hearing where she was given an FVRO. I also got a copy of the form she used to apply for the Interim FVRO. In WA affidavits arent used in the application of FVROs
3. I can use this in the Family Court proceedings that my ex-wife has started on the basis of the claims of my ex-partner
I applied to the Magistrates Court and was awarded an INTERIM FVRO against my ex-partner. I went there all prepared with my evidence but the magistrate isn't interested in the evidence at the Interim FVRO hearing stage, your word is accepted. He just asked me a few questions and I asked him a few questions also. The magistrate was actually a decent bloke and explained his decision making very well.
For me getting the Interim FVRO against my ex-partner had the following benefits:
1. it showed me the process my ex-partner went to get her FVRO and why one was awarded to her without any justification - basically she was free to claim anything she wanted without having to substantiate with evidence
2. made me determined to fight her Interim FVRO as I have a weight of evidence contradicting her claims. In this regard, I have requested a transcript of what was said at the hearing where she was given an FVRO. I also got a copy of the form she used to apply for the Interim FVRO. In WA affidavits arent used in the application of FVROs
3. I can use this in the Family Court proceedings that my ex-wife has started on the basis of the claims of my ex-partner
