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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22169
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partner and I are currently working with a lawyer to

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My partner and I are currently working with a lawyer to defend protection orders placed on us by his ex partner.
We have alot of evidence against the applicant and our lawyer has said that we have a strong defence case.
However our lawyer suggested we file for discharge under "mutual undertakings"
At the time of this discussion (in July 2016) we just want the matter cleared up so we could get on with life and agreed with this.
An affidavitt was lodged with the family court but we hadn't heard anything until a few days ago.
Our lawyer told us the applicant had agreed to the "mutual undertakings"
In the mean time my partner and I were ordered by the court to attend a 12 week non - violence program which we thought would be discharged along with the protection orders. We have been told by our lawyer that this is not the case and that we would still need to complete the program.
We are deeply disappointed with this as we have not done anything to the applicant and have also honoured the orders against us by stopping all contact and staying completly away from her.
We feel like we being treated very unfairly and by attending this program we are stating that we did something wrong and were violent towards the applicant......and we were not!
This person stalked us and my 8 year old, downloaded photos from my facebook page and distributed them on a fake face book page, came to our house and took photos of my car registration, followed my partner home from work to find out where we lived and the list goes on. We have evidence of this.
She has also made contact via txt message to my partners work phone twice while the orders have been in place.
I have never met this woman and had blocked her from facebook because she would not stop sending me bad messages.
She lied under oath to get the protection orders approved.
She was given legal aid to assist her financially, where we were unable too and have had to pay all our legal costs ourselves.
We have also had loss of income to attend lawyers appointments as well as the non violence program.
This whole ordeal has put us through alot of emotional and financial stress.
My partner and I have since told our lawyer that we are not happy to commence with the undertakings as we feel we are being treated unfairly and would rather go to defended hearing so our case can be heard.
We have also asked to apply for a civil application to have her pay for court costs and reimbursement of fees. Our lawyer has told us this would not work as the applicant has legal aid.
We are quite stressed over this and just want our names cleared so we can move on with our lives.
Our lawyer said if we agree to the undertakings then its all over and finished.
This maybe the case for the applicant but it clearly isn't for us as we still have 11 sessions of the program to complete, which means more time off work and further loss of income.
We feel like we are being treated very unfairly and don't feel like our lawyer is working in our best interest.
Are you able to please give us some advice regarding our concerns.
Kindest Regards
Kath & Mike
Customer: replied 8 days ago.
We have an appointment with our lawyer on Friday at 11am to discuss matters further.
Customer: replied 8 days ago.
We are in New Zealand so I hope you have a lawyer who is familiar with NZ law. Contact phone is +64 20401 95637


I am a New Zealand based lawyer so can help

The lawyer is correct about costs as if this woman has a grant of legal aid you cannot get costs against her. I am unsure why the part of the order in relation to the course cannot be removed by consent. Otherwise the undertaking seems a sensible approach, as the costs of the defended hearing would be pretty high.

I suggest you ask the lawyer if it is possible to get the judge to remove the condition about the course, if that is the main obstacle, I think your lawyer is trying to help you get rid of the orders in a practical way rather than spend a large amount on fees for a defended hearing. But if you want to defend, then of course you can still do so.

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