Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

Just wondering how many False Interim VROs an ex-wife can put on a friend of mine before t

Customer Question
he courts realise she is...
Just wondering how many False Interim VROs an ex-wife can put on a friend of mine before t he 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: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
5/17/2015
Solicitor: Daniel, Solicitor replied 2 years ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,853
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

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.

Please click accept / leave feedback

Ask Your Own Australia Law Question
Customer reply replied 2 years ago

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

Solicitor: Daniel, Solicitor replied 2 years ago
Sorry, it means having them pay your legal bill if successful in the case against them or if she does not attend court.
Please click accept
Ask Your Own Australia Law Question
Solicitor: Daniel, Solicitor replied 2 years ago
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback
:)
Ask Your Own Australia Law Question
Customer reply replied 2 years 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

Solicitor: Daniel, Solicitor replied 2 years 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.
Please click accept / leave feedback.
Ask Your Own Australia Law Question
Ask Daniel Your Own Question
Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,853
5,853 Satisfied Customers
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Daniel is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,853 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Is there a time frame under the law that the public trustee
Hi is there a time frame under the law that the public trustee must move forward on to fix or discuss a disput under any act of law between parties … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have a pe, no I haven't but my penalty notice and offence
no I haven't but my penalty notice and offence is ambiguous … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
My son is in jail for breeching his parole and avo ....break
My son is in jail for breeching his parole and avo ....break n enter with intent..one of the charges ....serious offence although he wants to dispute it to a lesser charge of just break n enter ... vi… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Connecting to the NBN compulsorily changes the method of
Connecting to the NBN compulsorily changes the method of voice communication over landlines to VOIP. This disables our internal landline network, instead imposes a phone directly connected to the new … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
How much does this service cost? My issue is to do with my
My issue is to do with my neighbour placing his post box on top of our fence...most of it hanging into my garden and stopping me from erecting a gate post. … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
Got booked in a Woolworths private car park $180.00 for
Got booked in a Woolworths private car park $180.00 for reversing some one rang the police & said I hit another car which I did NOT he also said he had a witness a camera should of been used if true h… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
Can you tell me the market value of a honda hrv 2016.
can you tell me the market value of a honda hrv 2016 … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Recently I took leave for work related stress and made an
Recently I took leave for work related stress and made an impulsive decision to resign after 3 weeks as had lost motivation for work. I rang my manager back 4 hours later to retract resignation but he… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
Is this australia, New south wales, No, No
Is this australia JA: What state are you in? It matters because laws vary by location. Customer: New south wales JA: Has anything been filed or reported? Customer: No JA: Anything else you want the la… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I have an accepted offer and acceptance for sale of a
I have an accepted offer and acceptance for sale of a commercial property ( in wa ) with the settlement agents now. The property is owned by a trust with pty ltd company A as trustee. The title search… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I am having trouble with a Salary Packaging company in they
I am having trouble with a Salary Packaging company in they have charged me fees yet have admitted that the administering of my account was mishandled by them resulting in me owing several thousand do… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I paid a retainer to a solicitor to get documents to support
I paid a retainer to a solicitor to get documents to support a debt by an insurance company. I provided a large file with the. matters, builder's quotes, Insurance Brokers verbal advice to only pay ha… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
We purchased a strata title unit in Scarborough (Perth) 18
We purchased a strata title unit in Scarborough (Perth) 18 months ago. It seems that a brick fence was placed in the wrong place either at construction in the 90s or later. We have therefore about 20 … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I was wondering is it illegal to sell replica brand name
Hello, I was wondering is it illegal to sell replica brand name clothing online in Australia? … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
Need to know when extroardinary drivers licence renewal is
need to know when extroardinary drivers licence renewal is due - Also when I can get my normal drivers licence back and if I have to apply again for a drivers licence.… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I worked from mid feb to xmas on salary my then boss said no
hi i worked from mid feb to xmas on salary my then boss said no you were casual?? we shook on me coming back where i was paid $1200 pw gross,i would like to know what t'm owed thank's.. … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
How Do I place a lien on my Son's Truck. I paid for repairs
How Do I place a lien on my Son's Truck. I paid for repairs and some installments of the loan he has on it. I am In south Australia … read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers
I have just escaped a relationship of 18 months where I have
Hello Pearl, I have just escaped a relationship of 18 months where I have been told by police QLink that I have endure domestic violence... mentally. He has left me in $23000 credit card debt which he… read more
John Melis
John Melis
Diploma In Law
1,339 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x