QLD Withdraw a Temporary protection order against husband put in place by Police.

[foxdie222]

Temporary protection order has been placed on my husband by Police even though there was no abuse or domestic violence involved. I requested them at the time to not put any protection order as it was not needed but they did against my will. Now he has been given a court date to appear. I have submitted a DV4 application to the court to withdraw the protection order, but I have been told by receptionist at the court and legal advisors that it is very unlikely that this temporary protection order is withdrawed. I don't want this protection order as I can see my husband is stressed and our relationship is very healthy and I have no fear of my safety. What else I can do to get this protection order withdrawn please ?

 

[Tim W]

The court receptionist has no business saying things like that.
That's most improper.

...and legal advisors...

If you have lawyers of your own, then take their advice.

All your husband has to do is
to not do any of the things that the order says not to do,
and that he says he isn't going to do anyway.

 

[foxdie222]

The court receptionist has no business saying things like that.
That's most improper.
If you have lawyers of your own, then take their advice.

All your husband has to do is
to not do any of the things that the order says not to do,
and that he says he isn't going to do anyway.

Thank you Tim, we were advised by legal aid lawyers that if a police files in DV application to the court it is very rare that they would withdraw it. We do not have any legal representaive or advisor. Are you please able to advise what can we do? I have spoken to the police officer who filed in this application and he advised to speak to the police prosecutor, I went to the court today and spoke to the police prosecutor to withdraw the application but he didn't seem very convinced.

 

[lostinspace]

It must be a temporary thing, to be honest, it seems police will often do this to cover themselves with no regard for how this will impact the person subject to this, the costs, inconvenience etc.

My opinion would be, do not lay down and accept it if nothing happened, if a final order is made, it does have lasting impact at least in my state.

If there is a form to fill in, fill it in, talk to the police involved, tell them you will be asking the court to drop it, let them know if you are summonsed to court, you will be saying you do not want it cause nothing happened and your not scared & tell the magistrate that no one would listen to you, do the same at the next mention so the magistrate can clear it from the system after hearing what you have to say, there are people who really need the help, best not have the system clogged up.

Also be aware, that if something did happen and the police know and have evidence, they are not likely to drop it. See legal aid as well or someone who deals in these things often.

 

[Tim W]

Thank you Tim, we were advised by legal aid lawyers that if a police files in DV application to the court it is very rare that they would withdraw it. We do not have any legal representaive or advisor. Are you please able to advise what can we do? I have spoken to the police officer who filed in this application and he advised to speak to the police prosecutor, I went to the court today and spoke to the police prosecutor to withdraw the application but he didn't seem very convinced.

Perhaps that's because his training and experience has taught him
that lots and lots of PINOPs are nagged, harassed, bullied, or guilt tripped
into withdrawing, or trying to.

 

[lostinspace]

Thank you Tim, we were advised by legal aid lawyers that if a police files in DV application to the court it is very rare that they would withdraw it. We do not have any legal representaive or advisor. Are you please able to advise what can we do? I have spoken to the police officer who filed in this application and he advised to speak to the police prosecutor, I went to the court today and spoke to the police prosecutor to withdraw the application but he didn't seem very convinced.

I am not a lawyer.

There is likely a special officer/s that deals with DV, no good speaking to the one who attended, and prosecutor is not going to be looking at it till court day.

The next court day is the best opportunity to clear this up, but you can talk to the DV officer and write to police, however you would probably need help. So, you can do these things, then go to next court hearing and ask the magistrate to be heard, I am not sure exactly how you can do this, but the person who is before the court could probably introduce you. The person who the order is for is going to need to advise of how they plead, then a hearing date will probably be set, if it proceeds to this point, this is when police will need to hand over evidence & legal advice can be sought.

Even a lay person will probably be able to tell when they have nothing, my understanding is it would not stand up in court if no evidence as well as the protected person explaining how they never wanted this & nothing happened and they are not scared of the person being subject to the order.

So, the person who must show up in court must do certain things, they are the one who must show why this should not proceed.
You need to make it clear to the correct persons in the police force of your position. You can tell the prosecutor on the day too as well as the officer involved.
Be careful what is written and said, because they will start by thinking you have been pressured, but if you have not & nothing happened, then at some point they must take notice of you, if you are the star witness, then your not going to be of much use when you do not want it and not at all scared.

If it is set down for hearing, the person subject to the order needs legal advice, you would go with them then.

Good luck

 

[lostinspace]

Perhaps that's because his training and experience has taught him
that lots and lots of PINOPs are nagged, harassed, bullied, or guilt tripped
into withdrawing, or trying to.

Whilst that may be true, it is disturbing somewhat that a person who represents the courts has this much of a biased view.

While not many may agree anymore, it is far better to never convict an innocent party of something that is easily abused in today's environment, and it seems to be little point to push back on this person, who has even taken steps to air grievances here.

I know for a fact, that many are awarded these pieces of paper, for no real reason, and then there are scores of cases where real criminals or violent people simply do not care, but the public service can hide behind "we did something", this is why they are handed out, often seemingly willy, nilly.

No system is perfect, but no one should have this inconvenience, especially seeing it is already against the law to do what a basic AVO sets out anyway. This stuff needs well reasoned thought on facts.

It is about time that the cops need to pay costs when these are done with no thought.

 

[Atticus]

I have no fear of my safety. What else I can do to get this protection order withdrawn please ?

As you have discovered, It's difficult to get a protection order revoked, especially one applied for by police.

You're best off asking to speak to the police domestic violence liaison officer ... Discuss what conditions of the current order are you most concerned about & why.
If satisfied you are not acting out of coercion by your husband or others, AND. you do not have a history of police attending DV incidents, then you may be able to gain support for a variation to the existing order.
The police prosecutor will likley be persuaded by the liaison officer, not you.

 

[Tim W]

Whilst that may be true, it is disturbing somewhat that a person who represents the courts has this much of a biased view.

Unless they are themselves admitted lawyers, Police Prosecutors are parties, not officers of the court.

Further, why were the police there,
in circumstances that put an order on the table?

 

[lostinspace]

The police could be there for a number of valid reasons, or false reasons. The rules are so out of hand that the police are often forced to do things they do not want to (or need too), because politicians make the laws. And politicians seem easily swayed by media and social media.

I would maintain to the OP, that if nothing went on at all, or it was just some normal verbal argument that happened, that you pursue having it done away with. Nothing worse that the system being blocked by needless DV cases. If something serious did happen, then the police will not drop it, they have a duty to not ignore serious incidents.

It really is that simple.