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Reply To: Need Help/Advice

#351
Felix Spencher
Keymaster

Johnathon,

Corney & Lind are a reputable QLD legal firm. Here are there URL

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If you need some legal advice/representation then I would give them a try. It usually costs nothing to go in and have an initial chat.. If that doesn’t work PM me and I’ll give you some more places to try.

There are several philosophies associated with responding to protection orders, ranging from giving into them by way of consent without admissions – through to defending them outright.

Consent without admissions is where you (the respondent) agree to the terms of the protection order (and will then have one against you) but you admit no liability at all to the allegations within them (made by the applicant mother). That then means that officially you can’t be held accountable for any of the claims the mother made that brought about the protection order in the first place.

A lot of men like consent without admissions as an option as it’s quick and easy and everybody gets to move on. But there are some downsides to it.

One problem with consent without admissions is that – even though you can’t officially be held accountable for any of the claims the mother made that brought about the protection order in the first place – the protection order itself, including some of its claims, often find their way into family reports that the Federal Circuit Court get their consultants to write up (to ascertain what the best parenting arrangement is), and these family reports heavily influence judges.

I have seen protection orders mentioned, within family reports, under the heading of “Family Violence” despite the fact that by the proper/legal definition consent without admissions means that no family violence was ever proven. What I am saying is that some ICL’s and family report writers have a tendency to treat consent without admission protection orders as if they are indicators of violence (when they’re not) and this represents one area of the courts that I believe needs to change, because as your matter progresses through the Federal Circuit Court what the family report writers say in their reports heavily influences the judges; including when they’re making decisions about how much time the children should spend with each parent.

So above I;

A) Mentioned there are several philosophies associated with responding to protection orders, ranging from giving into them by way of consent without admissions – through to defending them outright.

B) Explained some of the merits and pitfalls of consent without admissions as a response to your spouse’s protection order application.

The other option is to elect to defend the protection order matter which means after a lot of paperwork and argy bargy between your lawyers and hers you end up in a trial where she (the applicant) has to prove that she is a domestic abuse victim. This, in my opinion, is a good option if you know she’s lying. However, if her protection order application is contested by you (the respondent) a final order (resulting from the trial) can be made only if the Magistrate is content – on the balance of probabilities – that; (i) the alleged acts of domestic violence the applicant says have occurred, have really occurred; and (ii) that it is necessary and desirable for an order to be made.

The choice is one you have to make.

Go with consent without admissions and settle it early whilst running the risk that the protection order (in one jurisdiction) may taint the family reports that influence the judge (in another jurisdiction) – or defend the matter outright and see if she can prove – beyond the balance of probabilities – that she is a domestic abuse victim.

Defending the matter, particularly if she’s lying, has some advantages too because the balance of probabilities (standard) that someone was abused is a difficult standard to prove/achieve when/if they weren’t abused and simply can’t prove it. So defending the matter can ultimately favor the defending respondent (you) in both jurisdictions

Personally I have never like the idea of consent without admissions if it is clear to me that the other party can’t prove they’re abused. There’s acres of women out there pretending to be abused when all they’re doing is implementing a domestic abuse exit strategy. Plus if you win the protection order matter (by successfully defending it) that increases your chances to have equal time with the kids within the Federal Circuit Court parenting order matter.

As far as your accommodation is concerned;

A) You could – within the upcoming hearing – apply to move back into the premises for business/other reasons, particularly if your spouse plans not to stay there.

B) I have distributed your name on our internal email list to see if anyone has a spare room for a couple of weeks until you get yourself sorted. I will let you know how that goes on a daily basis.

Kind regards,

Felix.