I don't know if my brother is being represented in court tomorrow. He is in a Correctional Centre and does know my

Expert's Assistant chat
Customer: I don't know if my brother is being represented in court tomorrow. He is in a Correctional Centre and does know my number to call me.
JA: What state is your brother in? It matters because laws vary by location.
Customer: Qld
JA: What steps has he taken so far?
Customer: I have zero contact. I don't know anything I'm afraid
JA: Anything else you want the Lawyer to know before I connect you?
Customer: All I know is he breached a dvo. I didn't know he had a dvo against him
Answered by John Melis in 4 hours 2 years ago
imglogo
John Melis
10+ years of experience
logo

70804 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
John Melis
logo
logo
70804 Satisfied customers
logo
10+ years of experience
imglogo
John Melis
10+ years of experience
logo

70804 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

img

John Melis, Expert

If by chance your brother does not have a lawyer present such as legal aid, there is a duty lawyer at the court and legal aid, which can assist him on the particular time.

The court will make sure he has representation at the court hearing.

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.

Customer
Thank you
img

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Your brother will be represented in the court tomorrow with either legalau or the duty lawyer.

​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.

Customer
Were you able to look this info up or this is common knowledge as an Attorney?Will it help if I am there tomorrow with his and my mother present?
img

John Melis, Expert

Yes you should be there to support your brother recording, you can also talk to the duty lawyer at the court if you get there early enough, and also legal aid.

Customer
My brother sent his mobile to my mother in the mail so I charged it and guessed the passcode. There is content that my brother's partner who put the DVO on my brother is using Meth and other illegal substances which made him angry because of her neglect to look after the children.
Can evidence be brought to light tomorrow?
I'm just not certain what is the procedure and process Tomorrow.Thanks for your speedy and helpful replies.
img

John Melis, Expert

Yes you can raise various evidence tomorrow in this particular regard. Anything you can explain in front of the magistrate will help the case and support your brother at the same time

Customer
Could my mother who witnessed child neglect and substance abuse submit a formal affidavit? Or affidavit is not evidence?
img

John Melis, Expert

Yes your mother can consider that and prepare an affidavit.

Customer
Can my bothers legal representation ask for rescheduling. Especially since his family just found Saturday gone he has been placed in a Correctional Centre.
img

John Melis, Expert

As long as the offence is not too serious yes they can

Customer
The offence is breach of
DVO. The partner issued a DVO, then came to collect my brother twice from our mother's house and explaining in a text message that she is sorry and can't do it alone. (Kids) They have two children together. 2 & 1 years.
Clean conviction history.
img

John Melis, Expert

In this particular instance based on the information provided, your brother doesn't need to attend the hearing tomorrow. If there is a valid grounds on financial basis why cannot attend the hearing, he must call into the court first thing in the morning and seek leave to appear by telephone.

Customer
My brother is in a Correctional centre in Maryborough and it was explained to me that he will appear in court via video conferencing.
img

John Melis, Expert

Okay, this is very good he will appear by video conferencing, and you can support him by going to the court tomorrow morning speaking with legal laid and they will assist

Customer
I am unaware of my brother has physically assaulted his partner.
I don't have any sound evidence that the partner aggravates my brother both physically and verbally. (No justification for any violence) only an affidavit from family members who've witnessed this could state her behaviour.
Is this sufficient?
img

John Melis, Expert

The important aspect is to provide support to your brother as much as you can and you can do that through talking to the legal aid office at the court

Customer
Thank you for your advices.
img

John Melis, Expert

You are welcome, and thank you for supporting the community.

Customer
The partner of my brother said that DVO matters are a private court and not open to public. If we are family, will we be able to be present?
The partner has also said that it most likely will be a mention and adjourned to district court. Unless they downgrade it?
The partner has also said she's been told that she doesn't have to go.
Could you shine some clarity on this. Thank you
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com 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 as proposing specific action or addressing your 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 should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials 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.
Explore law categories
Powered by JustAnswer