Needing family law court advice asap please. Currently Victoria but than into Queensland. Removal of kids from father

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Customer: Hi needing family law court advice asap please
JA: What state is this in? It matters because laws vary by location.
Customer: Currently Victoria but than into Queensland
JA: What steps have been taken so far?
Customer: Removal of kids from father since January Domestic violence Murray mallee family care has signed us out last week DV I have full support I have done everything I can possibly to protect my kids here its a small town he is a well disguised abuser to outside world all 3 children having help what needed I'm on my own here DV have given me any details to go about this best way possible I just trying pre organise before disappearing here that i have information to prep everything regarding the laws in QLD and what family law firm could be recommended where Im going please hope all that makes sense sorry
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Physical, mental.emotional abuse towards kids, i have physical evidence recordings on my behalf kids had no idea about that, basically my boys if they are sat with by a person that is trained in that area with out a doubt we wouldn't have to return, i have centrelink and child support that states 100% custody thats it. Never been anything legal towards this as I was the victim for many yrs an unfortuantely nobody knew of this and now this is my situation.
Answered by John Melis in 7 mins 2 years ago
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John Melis
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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.

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.

Customer
Unfortunately it's way past this I tried to go about this without surpose distruction from him but in many ways he became smarter in his games etc as i said it's a small town he is born raised here I'm not, and my biological mother is clerk of court here there is so much detail but i have that covered on my end, just needing to know the difference in laws of states and pointed to a family law solicitor near Bundaberg please
Customer
Defiantly don't have the funds for a phone call sorry
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John Melis, Expert

You will need to commence an action in the Family Court.

It is recommended that you do use lawyer for this process.

You can run the case yourself

The application is on the following link:

This link is a do it yourself guide on the family court website.

When you seek orders you need to be very precise on the details.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-initiating-application

Once you complete the application you file the same with the court and then serve the document on the other party.

There is a small court fee that you will also be required to pay for the process as well.

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

Customer
I will be needing legal Aid I'm not financially wealthy to cover a lawyer
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John Melis, Expert

Legal Aid QLD

The main legal web address as follows

https://www.legalaid.qld.gov.au/Home

Legal Aid Queensland on 1300 65 11 88

LAQ directory switchboard—call 07 3182 5182.

The link below will help your son narrow the search to find legal aid lawyer

http://www.legalaid.qld.gov.au/Listings/Find-a-lawyer

Office locations

  • Brisbane office—head office
  • Bundaberg office
  • Caboolture office
  • Cairns office
  • Inala office
  • Ipswich office
  • Mackay office
  • Maroochydore office
  • Mount Isa office
  • Rockhampton office
  • Southport office
  • Toowoomba office
  • Townsville office
  • Woodridge office

Brisbane office—head office

*****/p>

Brisbane Qld 4000

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

Customer
I need be gone Saturday is this possible to file once im there no one will know we are gone for at least a fortnight than wont know where we have even gone as well
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John Melis, Expert

You can make an appointment online

Customer
Appointment for lawyer?
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John Melis, Expert

yes with legal aid as you requested

Customer
Ok thank you so much !
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John Melis, Expert

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

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