I have had 2 children with my exhusband now. He has 28percent care and i have 72percent. Saturday the 30th he told me he

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Customer: Hi i have had 2 children with my exhusband now. He has 28percent care and i have 72percent. Saturday the 30th he told me he was leaving town and i had to attend a christmas party i left his parents the boys grandparents in care overnight. Next morning i went to collect them and there father has taken them and will not return them . There are no custody orders in place but he has a dvo protection order to be of good behaviour . What can i do? His harrasing me constant messages of threatening me .
JA: Who currently has legal custody?
Customer: There is no custody orders . I have had them the whole time without denying him seeing them.
JA: Is there a child custody order in place?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by legalgems in 5 mins 2 years ago
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Jessica

Jessica

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legalgems, Expert

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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legalgems, Expert

What state is this please?

Customer
Qld
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legalgems, Expert

I'm sorry; this is the US; let me have this reclassified.

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legalgems, Expert

Hi I am JOhn

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legalgems, Expert

In your present situation you can apply for a restraining order, also known as a family violence protection order where family members are involved, and when non-family members involve it is called a personal safety order.

Restraining orders can be used for various matters, such violence, psychological abuse, financial abuse, verbal abuse, or where there is an imminent fear of violence, or where children hear or witness the same.

The intervention order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victims residence.

c. Restrict a persons access to any premises or specified are, such as workplace.

d. Prohibit a person from contact another person associated with the victim.

e. Require a person to do something, like attend counselling.

f. Direct person to use specific property.

The intervention can be broad out narrow in its requirements. All you need to do is to demonstrate how the abuse/violence is occurring. An example of violence includes, financial abuse, which is where one partner does not provide sufficient monies for living costs, or creating undue duress on the other party. In this example this is both financial and psychological abuse. Restraining orders can also be issued for non-family matters, such as stalking, intimidation or harassing conduct, m which is now called a personal safety order. The facts of the claim needs to support the same. The law will protect you where you are being harassed, intimidated against, or there is financial abuse or psychological, verbal or other forms of violence with a restraining order.

If you consider you need a restraining order, you an attend your local police station to provide a statement and they will determine based on the facts if an interim order will be issued.

If you cannot attend your local police station call 000 and the support operator will assist by arranging the police to come to you as soon as possible.

The police subject to the circumstance, will then issue a interim order for the protection of your safety.

If you do not want contact the police, you may make an application at the local court for an intervention order, and the court will then decide on the balance of probabilities if the interim order is necessary. An interim order is a temporary personal safety intervention order made by the Court to protect a person from assault, sexual assault, serious threats, property damage or interference, harassment or stalking until the court can decide whether to make a final personal safety intervention order. An interim order prevents the other party from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

An interim order is a civil order, and making an interim order does not necessarily mean that an offence has been committed. However contravention of an interim order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units or both.

You cannot permit the other person to contravene an order of the court. This means that, even if the protected person, you, allows a respondent to disobey the interim order, the respondent would still commit an offence if the contact you.
You have a legal right to protect your safety/interests in this situation.

Would you like to consider this option.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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