QLD Have impending DVO hearing and don't know what to expect

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Atticus

Well-Known Member
6 February 2019
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Reading back over your original post I can see that she is currently living in the home with your kids.. There would have been some conditions in the DVO that the police served on her. Possibly as basic as not committing domestic violence against you, the protected person.... In any case, as a beginning I would consider contacting the DV Connect service operated by Mensline . The number is 1800 600 636. It operates between 9AM & midnight 7 days a week... It's a free confidential, counseling, court support & referral service... Explain to them the situation & seek any assistance that they may be able to offer..

You say you work from home... Does that mean you have a workshop there?

You have a first mention in 4 weeks... You asked what you can expect... Mensline will be able to help further with that, but basically you can expect to be asked if you accept the order without admissions or wish to contest it... My personal opinion is that you do not accept without admissions in this circumstance. At this point you will need to explain or have a legal rep that can explain that you require at a minimum access to the portion of the house that you need to carry on your business, & that the current interim DVO be amended to reflect that... Also that the children be removed as protected persons..

It's not clear to me whether or not the DVO against her is still an interim order awaiting a hearing or has been confirmed.. If It's still awaiting a hearing, you should be able to request that both Applications be heard at the same time. That will be advantageous for you because the police can attest to her behavior & your reluctance to pursue protection but that in their opinion YOU were the one needing a protection order..
 
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sammy01

Well-Known Member
27 September 2015
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Yep Atticus' advice is on the money.
One thing to check, I think you're really gonna need to get a lawyer. In some states you virtually can't self represent in avo's. To protect the 'victim' the perpetrator is not allowed to the question the 'victim'.

Generally my advice is stand up and say you'll accept without admission. Nice and easy and free. But I reckon in your case spending the $$$ to get her avo dropt and while you're there ask magistrate to include a few new orders on your application to get her outa the house.