-
help with a Violence Restraint Order (VRO) court case next week
Hi, I was put out of court when I appeared as a man before I learnt from Mark that we need to say ‘I answer to that name….’ A Violence Restraint Order (VRO) was issued to my name from absolute perjury spoken in court by my sister for tactical reasons, I have the transcript and it’s absolute fiction) The magistrate said to my sister as I was leaving “well, he didnt appear so you have your Violence Restraint Order” I have never been violent to her or anyone, its just not who I am.
I couldn’t get into the live Q & A’s recently or get my question answered when I did, I guess Mark is overwhelmed with questions. I have listened to ‘Court Role Play’ Module 17 and taken tons of notes but its focused on a prosecution and commercial as of course it about fines so doesn’t really seem a fit though of course very good general education. I’m concerned if I use this strategy the magistrate will do the same as last time and issue my sister a VRO against me which I suspect she will use to discredit me as I suspect her to challenge my late mothers Will.
I am in court Thursady 7th and although my learning has deepened my knowledge I feel very unsure how to go. I watched the affidavit module and bought the Affidavit document pack but again it all seemed for very different situations that dealing with a VRO. I’d really appreciate any pointers, or support anyone can offer or experiences anyone has had in this area.
It seems a lot of people get VRO’s put on the that are totally not aggressive people and have done nothing. An previous housemate who is a beautiful man is one example who ended up in prison because he sent his young daughter a birthday card and was beaten up by a drunken biker who was in the same cell they put him in.
Many thanks in advance
-
7 Replies
-
Hi Robert, what is the purpose of the court hearing this Thursday? And what state are you in?
-
My Sister has applied for another two years FVRO. In the application for that she put “The perpetrator has continued to behave in an emotionally abusive manor towards me, caused me much distress and attempted to cause me to invalidate FVRO” which is more nonsense. I have not been in breech of the FVRO and the police have never come to me. The only thing is when my mother was dying (She had moved out of my sisters granny flat because of my sisters abusive behaviour and at that time put a FVRO on my sister) I had a conversation with my sisters daughter who I have a very nice relationship with and told her that I would be happy to leave my home so that my sister could visit our dying mother. I did not ask her to pass that on to my sister.
-
Oh I missed that I’m in Fremantle Perth WA
-
-
-
Hi Robert,
Just some general info. Always avoid court and let the paperwork do the job.
Did you do the initial affidavit, conditional acceptance and notice of mistake and further particulars? If they don’t respond to it, do an interlocutory so the case has to stop until the questions have been answered.
I’m not sure what you have done so far, so it’s difficult to give advice. but keep in mind that the courts can’t hear the living, so don’t even go that way.
Also, the court is the paperwork, so you always must respond to ANYTHING in writing.
Anyhow, if you haven’t done anything in writing yet, I would write a letter and add the fact that you went to a so-called ‘court’ but that you are very confused as 1. The court’s name is written in CAPITALS and that you believe that it is a private company (include ABN) and that this so-called Magistrate’s name was/is also written in capitals and that you are concerned that a fraud has been committed and you would like some assurance that all is lawful. Remember; the venue of the court is in title-case, but the court, itself, is in upper case. I would also add that this so-called magistrate wouldn’t be able to make ‘points of law’ and that you would be happy to go to a lawful court (not a company) where the case can be heard in front of a jury of your peers.
Whenever you allow them to bully you, you will lose. However, be polite and simply totally confused of what has happened.
-
Hi, I have another court appearance in January for failure to supply a sample of breath on side of the road. I have send 3 notices of demand for further and better particulars. The police has another week to respond which they probably don’t. I just looked up ‘interlocutory’ as mentioned in your response. I had a look through the act supporting this. Are there any examples on how to do this?
-
INJUNCTION: A court order of equitable nature requiring a person to do, or
refrain from doing, a particular action. Injunctions may be classified as final or
interlocutory; mandatory or prohibitory; ex parte or inter partes; and equitable or
legal. Equity An order of a court that stops a person from doing, or demands that
a person do, or refrain from doing, a particular action. An injunction is a coercive
or specific (as opposed to substitutionary) remedy. It differs from specific
performance, which is only granted to enforce contractual obligations.
Injunctions may require (‘enjoin’) a particular act (‘mandatory injunctions’) or
forbid a particular act (‘prohibitory injunctions’); they may be interlocutory (or
interim) or final; they may be granted ex parte or inter partes; and they may be
granted to prevent wrongs currently existing or to prevent wrongs that have not
been committed (‘quia timet injunctions’). An injunction may be permanent, for a
specified period of time, or until a proceeding in a court is determined. As the
injunction is a remedy of equitable origin, an application may fail if the applicant
cannot persuade the court to exercise its discretion in favour of the order being
granted: For example Re: Chemists’ Federation Agreement [1958] 3 ALL ER 448;[1958] 1 WLR 1192. BCALD Page 223.
INSTRUMENT: tool; implement. A formal legal document in writing.
Attached below; This is a form from NZ courts
-
-
-
Here’s an experience from another member with some questions answered some of it may be helpful to you?.
