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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5054
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Just wondering how many False Interim VROs an ex-wife can put on a friend of mine before t

Customer Question

Just wondering how many False Interim VROs an ex-wife can put on a friend of mine before the courts realise she is abusing the system. The first one the judge dismissed the case and made her pay costs. Her tactic was not to attend that court hearing - instead she went to the police station and lodged another VRO while the court case was on. There is absolutely no evidence of any violence or altercations whatsoever. I suspect that she is trying to find a way to keep the family home which is fully paid for and wants full custody. This 2nd VRO she has increased the distance from 5m to 20m, probably because she wants to find a way to make him "breach" the order. Last time she reported 4 false "breaches" which the police dismissed. One of the "breaches" she ran towards him at the kids school then filmed herself backing away saying "stay away from me". But she didn't know that a teacher witnessed that one, and when the police investgated they realised she was lying. Her Dad also lied for her
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello

issue is, due to domestic violence being an issue, the police and court will always taker the safe option and it would take something like this so ridiculous for the court to look into it.

The court would need to draw an inference that as she didnt attend court, she does not really fear for her saftey.

The police in turn need to act on all complaints, then 'leave it up to the court.'

In the end, next time it occurs, flag with the police that due to this constantly occurring, if it does occur again, send them a letter stating that if she does not attend, a cost order will be made against the police.

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Customer: replied 1 year ago.

Thanks. What is a "Cost Order" on the police?

Expert:  Daniel replied 1 year ago.
Sorry, it means having them pay your legal bill if successful in the case against them or if she does not attend court.
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Expert:  Daniel replied 1 year ago.
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback
:)
Customer: replied 1 year ago.

Hi Daniel,

Do you know of a case in WA where the police have been told that they will be held liable for the case costs if the person that RAISED repeated false Interim VROs refuses to attend court but just raises another VRO?

If so then will the police always take someone that is not under arrest physically to court? What if they are kicking and screaming?

Who at the police should receive this letter?

Regards

Diana

Expert:  Daniel replied 1 year ago.
hello
I am not aware of any no as Magistrate court cases are not reported.
It is a situation though that if a police officer knowingly filed for an VRO when there is evidence that the complainant has made the complaint so many times, yet wastes the courts time, the police force are open to be sued.
The station that dealt with the matter should receive it.
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