[gazzduck]

Wow guys fire up lol I was just after advice not an all out war on my post I get enuf war from my ex... thanks to all those who posted with constructive input but I want to keep it legal and as a good dad I wouldn't want to take my kids away from their mum,, even though she's def a nutter

[gazzduck]

Ak lawyer: that was a mistake. By saying that, you implied that you had in fact been guilty of what she was claiming you had done.

I'm in australia and avo stands for aprehended violence order (restraining order) for the record.
And I had no idea what to do when I went to court I've never done anything like this before. I was given 5 days from my summons date in which to seek legal advice which due to limited finances and limited time all I could get was via telephone from legal advice line. Their advice was to agree to the order staying in place but not to its conditions because I said I am afraid of her and her harassment also.
The legal advice line said that the order was their to protect us both and by doing this I would be protected also in the courtroom the judge asked if I sought legal advice I explained and he gave me a short break to liase with the "duty solicitor" provided at the court house he gave me the same advice as the legal advice line. Back int the courtroom shortly after the judge wouldn't listen to a word I said and enforced the order anyway based on evidence : an affidavit my ex filed with south australia police I was totally dumbfounded. I requested a further hearing to argue the conditions of the order but no date for a next court appearance was given and to this day I still haven't heard anything from the court but eeryday my ex harasses me some more

[gazzduck]

Okay I posted this for advice not to be attacked I know I'm a good dad I guess ull have to take my word for it if not go away!


A court may issue an AVO if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, intimidation, or stalking.

So no evidence required really just lies aka probabilities

Example: in a sworn affidavit my ex rold sa police that I was living with my parents 100kms away when I have physical proof I was renting and residing in a house in adelaide.

Example: on a night of a dispute ex told sa police the stuff I was storing in her shed did not belong to me that it was all hers. This was noted by the police and then in her sworn affidavit she acknowledged that it was my stuff and thst we had organised a time for me to collect it. Contradictory statements one a lie. Then when I did acquire my stuff back she told sa police in the affidavit that I broke and entered her property to do so, this is a lie as I had keys that she had given me and permission to collect it.

On the same day my ex went to court and was granted the avo I picked up my children from school thinking ex was working as she asked me to do so the day before then at 9 pm that same evening knowing full well the avo was in force the ex met me in a shopping centre to get the kids back at this point in time I was unaware of court proceedings or the granted avo but she was fully aware and clearly in breech I have no proof that I met her at the shopping centre but there is proof I collected the children from their school I just can't access this proof myself as I am banned from attending the places my children attend school in the avo

[ScottGem]

No one is attacking you. You are getting advice, but we have to look at both sides when giving advice.

[JudyKayTee]

No one here is going to say what you want to hear because you want to hear it - you asked for legal advice and that's what you got. None of it was personal, none of it was "aimed" at you.

[gazzduck]

So basically you all said what I've already heard GET A LWAYER! I simply can't afford this and I can't borrow for it so basically she wins because I got no money to defend myself against her lies :-(

And legal aid suck so they'll be wasting my time when I go there next month!

[J_9]

Try contacting a law school in your area to see if a student will help you with the paperwork.

[joypulv]

Yes, at least 30 years ago. I forget how time passes.

[JudyKayTee]

Joy - no problem. And, yes, laws have changed.

For OP - why do you think legal aid attorneys "suck"? I've seen some really good ones. If you are going in with that mindset you are making a mistake.

If I said all car mechanics suck it would be an unfair statement. I feel the same about "all legal aid attorney suck."

[gazzduck]

Even if leagal aid atorneys were good I'm not entitled to representation as there are no criminal charges associated with my case so all I'm entitled to is "advice"

[JudyKayTee]

Well, if your choices are advice from legal aid or nothing I think I'd take the advice from legal aid.