22 Comments Family & de facto law, financial agreements, consent orders
When served with an interim order there is usually a court date to attend to either accept or reject the application..... I can only guess that the interim order has probably been confirmed in your absence.
If that's what it is the police need to serve you with the confirmed order. I 'm thinking that's why they are asking you to attend.... Doubtful there is an arrest warrant waiting for you for such a breach.
Thanks it's a relief to know that, just curious if I go in the country and just never go in the police station what would happen? I'm not sure yet if I intend to stay in Australia or not.
And yes the court date has been and gone already for objection of the interim order basically the ex wife planned it knowing i would be overseas and the window of opportunity would close
Never a good idea to deliberately avoid the police if you are aware they want to see you..
If you come to their attention for any reason whilst here your name may well be flagged on their system for service of AVO & perhaps be interviewed over your version of events regarding the text messages... If that happens you will likely be taken into custody on the spot..
There is also a possibility that the interim order is still in effect until served with the confirmed order, which will be dated from the date of service... In other words, whatever period of time the AVO covers won't begin until you are served..
Also legal aid should be informed that there is an AVO in place & may want to see the conditions that you are bound by.
Better to just attend whatever station you need to get served & be done with it IMO
You can get a copy of the affidavit and court transcript free from the court, have you got these? Do you know what reasons she's cited for the AVO? Have you actually been served with the AVO? Do you know what her motives are?
I've been recently served with a bullsh*t FVRO. The police officer mentioned "magistrates hand these out like skittles". The court transcript shows my ex was in court from 9.17am to 9.19am, what a joke!
Anyway I think I have a reasonably solid case for defending it. Learning more and more about VROs everyday!
Iago 2019-02-18 12:16:58
Just got in my email a summons for a court appearance (which obviously hasn't made it's way to be due to being overseas no fixed address etc), they obviously got my email when I requested the transcript, the complaint it a joke:
Exposing a child to an act of family violence. Committing family violence against the person seeking to be protected. Give details of the respondentâ€™s behavior: The respondent has repeatedly on a daily basis made derogatory remarks towards myself and my children. I have felt intimidated in my home. **Please see written application*
I haven't seen anything else yet, but she's chased me around with a butcher knife, taken heroin ice and ecstasy (im not innocent either but been clean and job etc for a long time now) in my presence and yeah ok I probably said a few bad words but I was home for just 12 days from working overseas and she comes up with this? It's just an attempt to get a free house.
I wonder if I can still fight this
Youv'e missed the opportunity to oppose the AVO by the looks. You can however give your version of events around the breach...
None of this will have any bearing in property settlement.. I'm sure after giving your solicitor all the facts & figures Thursday they will be able to give you some indication of what a fair split would be given the circumstances..
I'm not convinced at is a breach as the header on the summons says this "An application has been made for a restraining order against you. The details of the application are set out below. You are required to attend a court hearing on this matter at the place and time set out below."
I will check with my lawyer Thursday and update here as I'm sure you all are interested.
Master dog, not like that I was set up, she made the avo knowing I would be out of the country in the 21 day objection window.
So today I finally saw lawyer, as I have no history of violence and the police have never attended our house in 18 years for a domestic he has me lodging the forms "application to see aside final order" so we can try overturn this, wish me luck I'll head to the courts and lodge that paperwork tomorrow.
Other than that the summons was my ex had decided to vary the conditions of the avo the court can't tell me what that variation is only that I must appear on the day, I'm guessing she's now made up some more bullsh*t to stop me seeing my kids at all, and it's now been 3 months so I need to act on that fast.
Good luck with it.
Its a tactic lots of women use. the domestic violence advocates/Feminists tell the woman exactly what to say to the Judge to get the interim IVO. The woman then goes to the Police at every opportunity to lodge a breach of the order against you. You must comply with the order 100%. If the order says no contact. Do exactly that. In my experience, the Police will give you advice when they don't even fully understand the order, then that same office will charge you for breach even when you followed their advice because his sergent decided to charge you for breach.
Be aware of the ramafications of accepting a full intervention order. It results in automatic suspension of your firearms licence, then cancellation 30 days later and if its cancelled before you apply for a section 32 to get it back, you can't apply for it again for 10 years.
Well that was a failure, the magistrate said because I was still in the country for 48 hours after the AVO was served I should have objected then and it's too late now, heard my reasoning that I really didn't understand the process and was still shocked as I've never been violent and dismissed my case.
She is also taking me back to court on 5/3/19 to change the condition she made that says I can contact her by text email etc to arrange to see kids so that I can't. To be honest I don't really know or care if I'll be in the country by then she has never complied with that condition anyway so what is the point?
As sad as it is it has now become time to go after the money and property and assets separate, if anyone can point me in the direction to start forcing her to sell house and divide everything up it would be much appriciated.
You are still the father of the children, you may have your differences with their mother, but don't give up on the kids.
I know it may seem easier to just walk away, but the kids have a right to see you regularly, it's worth the effort, for their sake.
Others wiser than I will give you tips on the legal steps you can take.
Regarding property, you could of course engage a solicitor to get it under way. May be best if you want some urgent action, especially if you travel OS regularly..
There are DIY initiating application kits available for download How do I apply for property and financial orders?
Once served, she will be compelled to respond & the process can begin. Initially with mediation to establish what the facts, figures & areas of contention.
If you are contemplating parenting orders you will first need to attempt mediation with a recognized organization ... I recommend you get the ball rolling on that. Relationships Australia is one such accredited organization.
If no outcome can be mediated then they will issue you with a Section 60I certificate which you can then use to apply for parenting orders. That all takes time, hence the need to get things under way ASAP..
As it was a De Facto relationship I believe there was 2 years to get on to this, but I agree rather sooner than later I've began setting up my life with another woman overseas already as all that remains here is a toxic mess. However I'm not getting my house taken due to lies, then my children on top of that just because a relationship went sour and my ex can't control her greed.
In regards to Relationships Australia they already refused mediation because the kids are listed on the AVO. As much as it is difficult to afford this mess is almost definitely one that needs a lawyers involvement I agree.