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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was called by qld police over the weekend telling me that

Customer Question

Hi
I was called by qld police over the weekend telling me that a dvo had been made against me by my ex.
I live in Perth and I haven't had any contact with her whatsoever for months and months. But our family court proceedings have become active again, which I assume is what prompted the dvo application (to discredit me).
I want to know how she was able to obtain one in the first place - what evidence do the courts require before making one? And secondly, is there any way I can deal with it from Perth, by way of written material?
This is not the first time she has used a restraining order as a tool of manipulation against me. Is there any consequence for her making false statements/ allegations? She keeps getting away with things like this and i keep having to go through the stress, effort and cost of defending myself. It's ruining my business and my reputation, not to mention my health.
Also, is it possible to obtain a dvo without presenting at the court or police station?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The police have to provide you with the application and the facts.

I am surprised that she was granted on if you live at opposite ends of the country

Have you been served with anything?

Customer: replied 1 year ago.
Not yet. I was told they would send the papers to my local police station and they would serve me.
I'm also very surprised. So we're the police who called me to tell me I had to be served. There has not even been contact between us, so she had to rely on her story telling skills to get the order.
Could she have got one without showing up in person? She was in another city (she spends her time between Qld and SA, but mostly in SA) days before she got the order made.
Customer: replied 1 year ago.
I am just wanting some information on the process/ common practice for restraining orders in qld really.
Expert:  Leon replied 1 year ago.

Good Morning

Once you have the papers then you know what the allegations are. But as I said it is hard to believe that it was taken out when you are on the other end of the country.

She would have had to report it and the police may have gone to see her. But she has had to make a statement to them and the police satisfied that it was required.

Here is some information from Legal Aid QLD for you.

http://www.legalaid.qld.gov.au/publications/Factsheets-and-guides/Factsheets/Pages/Someone-has-applied-for-a-domestic-violence-protection-order-against-me.aspx

But you cannot do anything until you have to documents.

I hope this makes sense?

Customer: replied 1 year ago.
Not really. I understand the general process and principals in obtaining restraining orders. My question is whether she would have been able to make an application and get the order without attending the police/ court in person.
I understand that in Qld a person can make a dvo application by mail. I believe that they are then supposed to attend in person shortly after. I want to know whether the requirement to attend in person is absolute, or whether it is discretionary. E.g. Can someone post in an application and then call up with a story about why they can't attend in person but are still seeking the order?
Expert:  Leon replied 1 year ago.

Good Morning

Yes she can make the complaint over the phone and if the police feel that there is enough to warrant that the order be granted they will make it.

They are supposed to attend and sign documents. This can be done at the first court date.

I hope this makes sense?