I have a question regarding a police protection order that is to go before the court on Monday. A police officer has put

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Customer: I have a question regarding a police protection order that is to go before the court on Monday
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. A police officer has put through a temporary police protection order
JA: Family law varies by state. What state are you in?
Customer: Queensland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am the aggrieved
Answered by John Melis in 6 hours 2 years ago
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John Melis
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Customer
how long until I am able to speak with someone?
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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.

You will be able to get full protection at the courthouse as there are many police there in security that will ensure the safety of all persons in the court.

​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
Hi John
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John Melis, Expert

Hi

You will be able to get full protection at the courthouse as there are many police there in security that will ensure the safety of all persons in the court.

Customer
I'd like to have the temporary DVO withdrawn
Customer
because the police are the ones that made the application, is this unlikely that they would withdraw this?
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John Melis, Expert

You will be able to change the violence order that is in place at the moment.

You can either seek an urgent hearing with the assistance of legal aid, or you can seek an amendment to the order as detailed below.

Where a violence order was based on nonphysical violence, and where the proposed consent order is drafted correctly, and filed into the court at least three days before any hearing, the magistrate will review the proposed consent orders, and where it clearly states that the matter is resolved, the magistrate Will consider dismissing the case that stands.

In respect to your specific question, while the violence order is in place, It is important that you do not breach its requirements, as this could result in the unfortunate situation where enforcement order was made against you.

Your situation is one an emergency accommodation matter and you will be able to apply for urgent assistance directly wth the court, or with the helping of legal aid.

I suggest that you consider filing as soon as possible to the court propose consent orders to have the domestic violence orders set aside.

With the option above is too difficult to process, you can consider the steps below.

You may also go to the courts website that is your local court/magistrates Court, and on their form section there is an application to extend, very, or evoke a family violence intervention order, with an affidavit in support of that application.

What you can do is complete this application and submitted to the court according with the instructions on the website.

I do recommend that you consider going to the courts website reading the relevant information concerning family violence and how to deal with the various options of seeking to change the order that currently stands or revoke.

Customer
because the order is only temporary, if my husband and I don't attend the court date on Monday - will the court automatically make the DVO for the next two years, or could the DVO be dismissed?
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John Melis, Expert

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

Customer
but the order is only temporary right now so what you said doesn't apply
Customer
the court date is on Monday at 8:30am and we don't have time to get legal help
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John Melis, Expert

What do you need to do in order to revoke it, you need to attend the court, present yourself to the court that there is no danger to you and that the intervention order should be removed. You have to say this in front of the magistrate.

Customer
even if the police were the ones to make the application?
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John Melis, Expert

That is correct. You can stand next to the defendant in these proceedings to demonstrate that you are not in agreement with the police having the intervention order in place.

Customer
what is the likelihood of them revoking it?
Customer
am I able to send you the short report so you could tell me the likelihood depending on this situation?
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John Melis, Expert

Okay upload the report

Customer
thank you
Customer
have you received it?
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John Melis, Expert

As long as the defences put properly, it should be able to be minimised that is the penalty.

Some of the points you may want to consider in respect to passing information on three3 parties to assist is the following

There are various defences that you can raised to assist in minimising the penalty that will apply.

Some of these defence include sudden emergency, duress, compulsion, coercion, provocation.

One of the main supporting factors in running your case is to obtain affidavits in support of your position. These affidavits are character references to your person. The affidavit should detail the person who signs it, knows of the offence that has been raised against you, and that you still hold a character. Your should obtain a minimum of three character references in support.

In addition usually when an event happens, there is always a reason for it to occur, and especially when you are on the defensive side you can reduce the penalty level by providing some information as to what is happening in your life. One of the appropriate ways to achieve this is through a psychologist report which is court ready. In order to obtain this report, what you will need to do, is have at lease a minimum of 3 visits with a psychologist who can then prepare the report in support of your current state of mind and what such incident did occur.

Stresses in people’s lives can have an enormous impact on what happens to a person.

A well rounded defence will cover various aspects of the incident and why that incident occur.

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

I appreciate the court time is on Monday and you may not be able to do some of these items.

Customer
ok so considering our court date is on Monday, we won't have time to do this
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John Melis, Expert

You won't have time to do all of them but there's some key points in that you can utilise you just need to somehow get the information across to the other party in the appropriate manner.

Customer
I am the aggrieved - so I can say:
My husband is suffering from mental health issues, he uses alcohol to assist him sleeping. He has never threatened or intimidated the children and that I don't feel intimidated anymore
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John Melis, Expert

Then in this particular case your mental health argument is the position you put forward.

Customer
Even though the police made the application?
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John Melis, Expert

The most important thing is that you are able to speak to the court. So where do you stand with your husband or your stand with the police you gotta be able to push your point forward to the magistrate.

Customer
ok so I can stand with my husband - quite literally?
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John Melis, Expert

Yes you can but it is preferable that you stand next to the police. The police may try and push you at the back but you must force yourself to say look it's about me and I want to be in front of the magistrate I want to make this clear the magistrate there is no risk to me it was an incident that was overrated when the police were informed.

Customer
ok. even though I called the police?
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John Melis, Expert

Yes even though you called the police, you still need to get away work with the police, where you can present yourself to the police in the morning and saying that you're going to contest this intervention order on the basis that you do not want it.

Customer
sorry for all the questions. ok so, I arrive at court - then what happens? I've never been before
Customer
we enter the courtroom? where do I even stand? can I take my kids with me?
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John Melis, Expert

When you get to the court in the morning, go straight to the area where the police office is, speak to the prosecutor that's going to present your case in saying that you want to withdraw it and that you will stand with the police officer to talk to the magistrate directly.

Customer
ok. does my husband also have to attend?
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John Melis, Expert

Your husband is the defendant he needs to be at the court, but he doesn't need to be at the discussion point when you're talking with the police.

Customer
ok. so what will the police officer say to me when I tell them that I want to do that?
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John Melis, Expert

That will be up to the police officer, if the police officer actually believes in what you're saying, they will assist you. If they think that you are a victim of domestic violence, they will not listen to you and they will push the point with the court.

Customer
but I will still be able to state my case with the magistrate?
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John Melis, Expert

As long as you push your point with the prosecutor that you need to present your case in front of the magistrate then you will be able to.

Customer
ok so before court, I go there and speak to the police - if they believe me they will help me.
if they don't, I won't be able to speak to the magistrate at all?
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John Melis, Expert

If you're not gonna help you, then go stand next to your husband in the court

Customer
ok so if before the court, the police says no I'm not allowing you to state your case - I go and stand with my husband in the court
Customer
then what happens next
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John Melis, Expert

Everything is subject to what happens in the court there are so many things that could happen. The most important thing is that you talk to the police in the morning can you say to them that you do not want this order in place. And that you need to present your case to the court.

Customer
ok
Customer
if the police say no, I go and stand with my husband. will he or I be asked any questions?
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John Melis, Expert

There's also a duty lawyer at the court and you can speak to the duty lawyer in the morning as well. Legal aid is there also.

Customer
Ok. will the court case be right on 8:30am
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John Melis, Expert

No it will not just get to the court early so you can meet the duty lawyer or legal aid

Customer
do I go and see them first before I approach the police?
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John Melis, Expert

I kindly request that you review the post I put above

When you go to the court in the morning go and see the duty lawyer and legal aid first. If they're not available go straight to the area where the police are for the prosecutor so you can talk to that person and try sort the matter out.

Customer
for example - if my husband or myself do not attend court on Monday, and something is decided in our absence - having seen the report yourself is the likelihood that the court will grant the DVO or dismiss it?
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
could you answer my previous questions please? and then I will decide whether to accept the phone call price
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John Melis, Expert

if my husband or myself do not attend court on Monday, and something is decided in our absence - having seen the report yourself is the likelihood that the court will grant the DVO or dismiss it?

If your husband does not attend, a warrant for his arrest will be issued and the police will find him and put him in jail. He must attend.

Customer
wow
Customer
the police never mentioned that
Customer
why would he be arrested?
Customer
on what grounds
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John Melis, Expert

It's not their obligation to mention that. The defendant must turn up to the court.

The defendant has an obligation to appear before the court in respect of the charges that have been laid. We are defendant does not turn up to the court, a warrant will be issued for the rest. They will then be arrested and brought to the court by the police. It may be necessary that the defendant remain in a holding cell until such time the court hearing is set.

Customer
ok wow
Customer
am I able to call the police tomorrow morning and discuss it when them at all? or go into the police station
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John Melis, Expert

It's no point talking to the police. Just turn up to court on Monday morning and attend the matter accordingly.

Customer
ok so the worst case scenario is that the DVO is granted
Customer
how long is that in place for
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John Melis, Expert

That's correct

The length of the order will be subject to the court

Customer
my husband has a psychology report from 2018. would that be of any assistance or is that too far before
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John Melis, Expert

The psychologist report from 2018 is too old

Customer
there's a Qld DVO withdrawal form on the internet. if I filled that in and took it to the police station tomorrow, could I get them to sign it and then present that to the magistrate on the Monday?
Customer
or would they just refuse to sign it
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John Melis, Expert

This is subject to many factors and you'll find all this out on Monday.

Customer
ok so there's no point it doing that?
Customer
I don't understand why
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John Melis, Expert

Just go to the court on Monday meet the police/prosecutor and try and explain to them that you don't want this order in place. That's the first step you have to do.

Customer
ok so if i took the form to revoke the domestic violence order to the police station what would happen ?
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John Melis, Expert

When you talk to the prosecutor explain the situation why you want the order revoked.

Customer
right
Customer
do I take the form at all?
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John Melis, Expert

Just go to the court present yourself to the prosecutor and explain to the prosecutor what are you doing there and why do you want to stop the order from going through.

Customer
it's not very likely they will do this is it?
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John Melis, Expert

I can't say what the prosecutors gonna do. But what I can say is you need to talk to the prosecutor to put your position forward very clearly.

Customer
ok. is there any more advice you can give on exactly how to do that - words to use?
Customer
also, can we take our kids to court with us? we don't have anyone else to care for them
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John Melis, Expert

Just go to the court in the morning talk to the duty lawyer and legal aid. Also go on the courts website there's lots of good resources which you can use to help you with your matter.

Customer
ok thank you
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John Melis, Expert

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

Customer
sorry you didn't answer my last question about taking our children into court
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John Melis, Expert

You should not bring any children into the court. I suggest you organise a childcare arrangement.

Customer
it's too late for us to do that
Customer
we don't have anyone available to mind our 3 kids
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John Melis, Expert

Please note, the court frowns upon children being in the court. So you'll need to work out a solution to this problem prior to Monday. Please note there are daycare centres that are open early and some of them have contact numbers available on Sunday which you can reach out. Just a matter of googling the relevant services.

Customer
this is why I'm asking can I attend the police station tomorrow and ask them to sign the form
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John Melis, Expert

Your matter cannot be dealt with at the police station. Unfortunately it's too late for that. You need to attend the court Monday morning.

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