QLD Will DVO be Thrown Out in Court?

[nat 2015]

I have just taken out a domestic violence order (DVO) on my ex. I went to court on Monday and he consented to the order. I have to go back in 4 weeks' time. He was placed on a temporary protection order.

What does this mean now as i am very confused about the process? If he consented, why does it have to go back to court again? I am worried and can he change his mind and contest it?

He turned up with a lawyer who passed a note to my lawyer saying he didn't want to talk and consented it. I am worried it will be thrown out and I won't be protected when it goes back to court....

 

[AllForHer]

It's impossible to predict what a Court might decide, but the trend in DVO matters tends to be a 'better to be safe than sorry' approach, meaning it's not often that a DVO is thrown out (unless, of course, a party successfully contests it or shows it's a vexatious action) because the Court doesn't want to discourage genuine victims from seeking help. A DVO isn't a criminal matter, after all, so rather than being a matter of why a DVO should be granted, it's often the case of why not.

Are there children of the relationship?

 

[nat 2015]

Yes, there are children involved. We share 50/50. We have been separated for 6 months. What led me down the AVO path is the 20 years of abuse and the fact that he has never owned up to any of it. Our children have witnessed this over the years, and in the end he was mentally abusive to the point it was starting to affect me.

I feel I have always done the right thing by what he wants in terms of the children, at times even thou the children expressed concerns about staying with him.

 

[nat 2015]

It's impossible to predict what a Court might decide, but the trend in DVO matters tends to be a 'better to be safe than sorry' approach, meaning it's not often that a DVO is thrown out (unless, of course, a party successfully contests it or shows it's a vexatious action) because the Court doesn't want to discourage genuine victims from seeking help. A DVO isn't a criminal matter, after all, so rather than being a matter of why a DVO should be granted, it's often the case of why not.

Are there children of the relationship?

I withdrew my private application for a DVO. I felt like I couldn't stand up against him in the courts. I applied for Legal Aid on the first court date and then I was told they lost my application, then when I called, they had a different address to which I have never lived at. They then told me I wouldn't have any representation on the day other than the duty lawyer.

This whole process has been very difficult for me. He broke the temp order 3 days later with abusive language and no I didn't report it when I should have. I was told when reporting this that sometimes the police won't deal with it straight away.

My question is now, can the judge still make the order on Monday even though I have withdrawn it?

I am aware they have notified him that I have withdrawn it and he apparently is high-fiving everyone. I wish I had more strength to have fought him, but I don't and have come to the realisation that I am always going to have a issues with this man.

 

[Thefactsonly]

Why did you withdraw it? Did you have sufficient evidence - that would have assisted your application. Sorry I can't speak on behalf of Legal Aid, however, even a duty lawyer would have been a great help in court, and they understand more then you would believe when it comes to DVO's.

As for your ex's reaction - welcome to the club. Sorry you are going through this but it's quite common also. Stay strong and remember your kids during this time.

 

[nat 2015]

Hhe harassed me to withdraw it. I had put up with it for 20 years and had more than enough evidence.

 

[AllForHer]

The Court can't adjudicate a matter of its own accord, so if you've filed a notice of discontinuance without asking to have the hearing date vacated, all that will most likely happen at the hearing date is that the judge will record that it's been withdrawn and the interim protection order has been lifted.

 

[sammy01]

So he consented to the interim order. The second case would have been his opportunity to either accept it without admission (which in all likelyhood he would have) or to inform the judge we wanted to contest it. If he did the latter, then the judge would have set down a hearing date for the trial.

Now in NSW, my understanding is you can't withdraw a complaint and request for an avo. And you don't really need a solicitor if you are the one who applied for the AVO.

So my problem is this - you had the courage / nerve to go to the cops and make the complaint, why not just leave it for them to do their job? Of course he is high fiving everyone - From here it looks like you made a vexatious complaint then withdrew it...

The whole idea of AVO's is to protect people - going to the cops and saying you don't want the thing because you'e scared, well that goes against the whole idea of the things.

 

[MartyK]

@nat 2015 - I acknowledge that domestic violence in intimate partner relationships can be complex and that a history of DV can cause a victim/survivor to take actions that appear contradictory in nature. Especially when they are still fearful and not emotionally ready to break free of the perpetrators long standing control.

You might like to consider contacting the Brisbane Domestic Violence Service (BDVS) for further support and services. Good Luck

 

[nat 2015]

so he consented to the interim order. The second case would have been his opportunity to either accept it without admission (which in all likelyhood he would have) OR to inform the judge we wanted to contest it. If he did the latter, then the judge would have set down a hearing date for the trial....

Now in NSW, my understanding is you can't withdraw a complaint and request for an avo. And you don't really need a solicitor IF you are the one who applied for the avo.

So my problem is this - you had the courage / nerve to go to the cops and make the complaint, why not just leave it for them to do their job? of course he is high fiving everyone - From here it looks like you made a vexatious complaint then withdrew it... The whole idea of AVO's is to protect people - going to the cops and saying you don't want the thing because you'e scared, well that goes against the whole idea of the things.

i don't see how it looks vexatious. I did a private application, not a police application. It took a lot of strength to leave him.