Apologies for the delay, forum inept couldn't work out how to reply...log on helped
But yeah that's about the story, 2nd private temp protection order in 12 months!
1st one listed some heinous crimes like -
"He text saying he was calling round for a hug on Mother's Day (when in proverbial dogbox), I said no don't. He came anyway, left an ice cream at the gate for me and my mum, and left. I didn't even know he had come til he had already left....the end"
"Our children have been exposed to DV"
"He leaves physically during our (her) arguments, but then sends text msgs when he arrives at his shed (seems less confrontational, also avoids exposing kids to dv)."
"He uses withdrawal as a form of DV (leaves during her arguments, worst thing you can do is not argue when one is needed)":
I'm sure its pretty common place and nothing unique about it, I was sitting in the courthouse and there was a little booklet on the table beside me "the little purple book" its called, describes ins n outs of DV, what is DV, seems not much isn't DV, etc and here was the compete rest of her application, word for word, "he calls me crazy and de-rangéd" and so on. Helped explain wtf she was talking about when I read it at first, whole bunch of things I've never said to her, or anyone else.
Anyway, that was May 2016. She listed the kids and her mum as name persons on the temp order, also the house. The orders were the standard ones on all orders made, plus 5 extras, making it pretty extreme, having done nothing but ask to draw up some parenting plans as I was over not seeing my kids, and over her and her crap, it turns out that was her idea of parenting plan
Can't argue its effectiveness. I got arrested in a driveway coming home from weekend dirt bike riding with the kids. Cops forgot the paperwork so arrested me and took me to police station to serve temp order, that was the last I heard from kids for 3 weeks, or seen for 6 weeks. I'd spoken to them or seen them every day of their lives prior - it was messed up, and the closest I've ever come to actually goinf and committing DV, the day before the mention at court, her family came and completely emptied the house.
The judge wouldn't remove the kids or tell her lawyer to sort visits out, called me the scrounge of society, thought I hadn't read [paperwork and that it said I can contact her re kids only, but he missed the with her written permission bit, the few times I tried that got a call from police we soon after saying reported breach, but no charges laid as stayed on topic, but no kids either.
After 8 weeks, out of the blue she called, said I needed to see the kids and wanted to meet on the sunshine coast, so I went up, within half an hour she said she regretted it, was her mums idea etc etc and simply came home, went and withdrew the order, happy days - wtf
11 months later, same old crap again - said I'm out, need to work out something with kids, booom, another one. I'd already left for a week or two, and had 2 of the 3 kids with me. Turned up at a bbq I was at with her dad recording, snatched 6 yo daughter off a swing and put on a holy wood performance. A dozen adults and some kids there, all a bit baffled by it.
In the end I went and got daughter off her and few people asked them both to leave. It was a bit chaotic, nothing serious - cops came, said heard the recording, we done right thing just kept saying to leave or not welcome, etc etc, specifically stated - no DV occurred, no assault occurred as her dad was alleging, in other words, a recorded attempt to cause a DV situation for me failed, not so, disregarding the police report and finding, she simply wet n made up a new story same incident, and got a private one, not a word resembling truth whole document.
They even put last year's ice cream incident on it, then immediately went and filed for a return order to fed circuit court, gave a new version again of same incident on affidavit, plus 124 bullet point incidents and wrong doings, and on the notice of risk document, put down I expose my daughter to risk of sexual abuse, from her 6 yo cousin that she's been around entire life, we have spent every other weekend their as a family riding dirt bikes, but, as I had 1 working day notice to respond to a 53 page affidavit and the lawyer was unavailable.
It got her across the line, had to return the kids straight after court to me. They were gutted and it was horrible, I got 3 days a fortnight - she got 11, have 7 weeks to respond and a child inclusive conference etc.
DV mention is this Thursday in magistrates court. I've prepared a doc with evidence to suggest beyond doubt the whole DV was a scam to get to fed circuit court, then that was a scam to get recovery orders, and I've spoken to half a dozen solicitors and every one of them said the DVO sticks, balance of probability, no magistrate will risk their ass removing it, even at trial if proven statement was all s**t, she stands their says shes scared, its staying.
What the hell is going on with this issue? I get the logic used, it's not a criminal offence, she doesn't want you near her, stay away, but meanwhile, you left a woman and child abuser holed from your own house, can't go within 100m of it, or her, or your kids without written permission, because its political, and magistrates are gutless, and family court cant ignore magistrates ruling when dishing out recovery orders, or fair access arrangements.
So that's a really long winded way to ask, wtf do I do ? Just accept t as a reality, courts are to busy to hear me out (many others as well), magistrates are gutless, doesn't matter if there's not as word of truth whole statement, and with out a doubt was just a separation tool, weapon even, and no fear of any kind, not from me, or from the legal system or anyone else, all just puppets in a game of hide behind a hot topic.
Is there no such thing as an abuse of process, have we really just got woman filing vexatious and malicious DVO applications around like they're going out of fashion, with no fear of recourse what so ever?
I get the need for protection for women, from real offenders. I grew up watching and hearing my mum getting bounced off the walls, car sabotaged so she couldn't leave, etc, she got told to harden up. Nowadays, buy an ice cream on Mothers Day, 5 years on woman and child abuser status.
Any suggestions to put an argument that could actually work if evidence rules statement out, how do ya get around pretend fear ?
Any help be much appreciated, needs a shake up in legislation to protect blokes I'm thinking?
Sorry for the spelling, grammar, length - it's late and no spell check that I can find.
Thanks in advance if any suggestions made
