QLD DVO consent at any time?

[Nicbennen]

Hi I am a respondent in a DVO and I want to know if I can request an undertaking to the court at the first mention? If the aggrieved does not agree to the undertaking and I choose to contest can I consent without admissions at any time before the hearing without having costs awarded against me? Also am I required to provide statements/affidavits if I choose not to within the time specified by the magistrate? And then make a decision to consent once I see what they are providing?

 

[sammy01]

who is the applicant? the ex or did the cops take it out on her behalf.
Sadly, I tend to advise to accept without admission

 

[Atticus]

Hi I am a respondent in a DVO and I want to know if I can request an undertaking to the court at the first mention?

You can, but it's highly unlikely to go anywhere at that point unless the applicant & or protected person is present (not usually are at FM) ... You will need the applicant & or the protected person to agree to an undertaking & the magistrate is satisfied that it's in the protected persons interest & free from coercion etc

If the aggrieved does not agree to the undertaking and I choose to contest can I consent without admissions at any time before the hearing

You can, but how you proceed ought to depend on how the DVO affects you (IMO)

Do you have kids? .... is your time with them being affected? .... Does the DVO directly affect employment or your means of earning an income in some way?

If non of the above, then probably best to just accept without admissions at FM (IMO)

 

[Nicbennen]

who is the applicant? the ex or did the cops take it out on her behalf.
Sadly, I tend to advise to accept without admission

Private application. Yes considering without admissions but want to know if I can do that at anytime before the hearing without any ramifications, ie. costs awarded to aggrieved?

 

[Nicbennen]

You can, but it's highly unlikely to go anywhere at that point unless the applicant & or protected person is present (not usually are at FM) ... You will need the applicant & or the protected person to agree to an undertaking & the magistrate is satisfied that it's in the protected persons interest & free from coercion etc

You can, but how you proceed ought to depend on how the DVO affects you (IMO)

Do you have kids? .... is your time with them being affected? .... Does the DVO directly affect employment or your means of earning an income in some way?

If non of the above, then probably best to just accept without admissions at FM (IMO)

No kids, possible employment issues if WWCC required. I thought applicant has to be at FM?

 

[Nicbennen]

who is the applicant? the ex or did the cops take it out on her behalf.
Sadly, I tend to advise to accept without admission

Private application

 

[Atticus]

I thought applicant has to be at FM?

Not usually ... The FM is just an opportunity for the respondent to accept or reject the DVO. A further court date will be set at that time if you reject.

 

[sammy01]

ok not likely to impact on WWWC. I'm a teacher in NSW and the ex took an avo on me.
Private application, easier to defend. The police prosecutor wont be the opposition, she will need to self represent OR get a solicitor.
Costs order? aint gonna happen.