I am a grandfather of a small girl who lives with me most of the time, say 90%. The mother is my daughter and has

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Customer: I am a grandfather of a small girl who lives with me most of the time, say 90%. The mother is my daughter and has constantly been involved with the child, they are no longer together. The father has visited the child 2 times in the last 5 months and the child is visibly frightened of him. He has been violent since the beginning and welfare has documented that. Can I or my daughter and I get something in place to stop him visiting or under controlled circumstances
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nil My daughter still seems very frightened of him also
JA: Family law varies by state. What state are you in?
Customer: Qld
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He is not an Australian citizen, he thought having the child with my daughter would grant him easy citizenship He has been in trouble with the police His father has a dvo of some sort against him
Answered by John Melis in 27 mins 2 years ago
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John Melis
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John Melis, Expert

I thank you for sharing today. My name is ***** ***** and I am in Australia. We will work to resolve your issue. I have experienced a similar situation recently, so I understand what you're saying. Let me see what I can do to help you out. Do let us know if you have any further questions.

​You may apply for a restraining order. Also known as a family violence protection order, or a domestic violence order where family members are involved.

When non-family members are involved, it is called a personal safety order or apprehended violence order.

Restraining orders apply to various matters; such as 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 restraining order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victim's residence.

c. Restrict a person's access to any premises or specified are, such as the workplace.

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

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

f. Direct person to use a specific property.

g. To stop stalking, intimidation or harassing conduct.

The restraining order can be broad or narrow in its requirements.

You need to demonstrate how the abuse/violence is occurring.

If you need a restraining order, you may attend your local police station, and they will determine if an order will be issued.

You may make an application at the local Court for a restraining order where the police do not issue one.

You cannot permit the defendant to contravene an order. If the protected person allows a defendant to disobey the order, the defendant will commit an offence if they contact you.

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

​I thank you kindly for reaching out today.

I appreciate your assistance with a rating of five stars, as this helps me support the community.

If there is anything else, big or small, that I can help you with today, please let me know?

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