WA Withdrawn VRO application

[Miss G]

Good afternoon,

I'm just wondering if anyone knows if the contents of a VRO application are kept on record if the application is withdrawn?
The parties in question agreed on a mutual undertaking without admission of liability however I'm wanting to find out if the information submitted in the VRO application is still kept on record and can it be subpoenaed by the family court in relation to another matter?

 

[sammy01]

I don't think so, and I definitely hope not.... Make an accusation, withdraw it - then try and use it for leverage in family law...
YUK

 

[Miss G]

My thoughts exactly!

 

[Rod]

Who submitted the information, and who wants to use it?

 

[Miss G]

The information was submitted by the wife as she was having issues with her husband. The wifes ex husband (first marriage) is now trying to obtain this information and use it against the wife in order to gain full custody of their child (now 13 years old)

 

[Rod]

I suspect the ex-husband's lawyer can request the information from the court and request leave of the court to use it. The request though does not have to be granted, and if granted the judge in the 2nd case may not allow its use if there is no relevance to the current case. Depends partly on how the lawyer intends to plead the information.

I don't think requests are granted lightly, but a court should not deliberately exclude evidence that may be very relevant to the current case, especially when the evidence is already in the public domain.

Bottom line is never use courts for false allegations or baseless personal motives else it may end up rebounding back onto the person who makes them.

 

[Migz]

I am going to answer this with YES and YES...it will still be on the wifes police record of her having taken out a VRO...along with any other information that was generated by the police whilst carrying out a VRO...eg. bench sheets, notepad notes, crisp or leaps or even QP9.

 

[Miss G]

I am going to answer this with YES and YES...it will still be on the wifes police record of her having taken out a VRO...along with any other information that was generated by the police whilst carrying out a VRO...eg. bench sheets, notepad notes, crisp or leaps or even QP9.

Hi Migz, the VRO wasn't granted though.

 

[sammy01]

yep the info would be on file... The capacity for a third party to access the info. Doubt it

 

[Rod]

The capacity for a third party to access the info. Doubt it

What a court orders, a court generally gets. If it exists and a court orders it be produced, the police will produce it. If a party to another case convinces the judge/magistrate in that case the material is needed as evidence then chances are it will be ordered to be handed over. It may in the first instance go directly to the court for them to evaluate its relevance before being passed on.