QLD Will DVO be Thrown Out in Court?

[sammy01]

When you make an application - then request it be withdrawn - there is lots of police work involved in making the application, then you ask them to withdraw it. That wastes time and resources.

Now - your argument is that he intimidated you into it.... Well if he has come around and intimidated you after he has been served the AVO then you should have gone to the police and they would have investigated it. They would have either warned him or charged him.

So help me understand - it was a private application? Generally the cops make the application. Did you ask them to do an application on your behalf?

 

[nat 2015]

When you make an application - then request it be withdrawn - there is lots of police work involved in making the application, then you ask them to withdraw it. That wastes time and resources.
Now - your argument is that he intimidated you into it.... Well if he has come around and intimidated you AFTER he has been served the AVO then you should have gone to the police and they would have investigated it. They would have either warned him OR charged him.

So help me understand - it was a private application? Generally the cops make the application. Did you ask them to do an application on your behalf?

I am in QLD and it's a DVO. And no a private application was done with my social worker. When you make a private application you do it at a court house. The police served it on him.

 

[AllForHer]

By applying for a DVO and then withdrawing it, you do run the risk of looking like a vexatious litigant - that you were just seeking a DVO because you were angry at your ex or wanted more control over the custody situation. If you are declared a vexatious litigant, it can lead to a costs order against you and can impact your credibility in other proceedings, such as a parenting matter.

But likelihood of any of that coming to pass? Close to zero. Like I said, the Court doesn't like to discourage victims from seeking help when they need it.

 

[nat 2015]

I wouldn't be the first and won't be last. As for our children, I don't see how a DVO would give me more control over a custody situation!

Thanks for your opinion

 

[AllForHer]

I wouldn't be the first and won't be last. As for our children, I don't see how a DVO would give me more control over a custody situation!

Thanks for your opinion

I'm not suggesting you're a vexatious litigant by any means, nor am I suggesting that you applied for the DVO to get more control in a custody situation (which, by the way, gives one parent control because they can have a DVO that names children as protected people, thereby limiting their ex from seeing and communicating with the kids). All I am saying is that that's how vexatious litigants can be declared by the Court.

I don't think your application was vexatious, by any means. I think it was genuine, and I think you maybe should have followed it through.