How can respondents contest a FVRO?

1. Objecting to a FVRO

If you have been served with an interim FVRO, you have 21 days to object to the application.

It is important to remember that even if an objection is received, the interim FVRO stays in place until it is replaced by a final FVRO or cancelled by the Court.

You should also consider contacting the Court to request copies of the applicant’s affidavit and the transcript from the hearing in which he/she obtained the interim FVRO

2. The court hearing

Once you have lodged your objection, the Court will write to you listing your case for a hearing.

In some Courts there is a mention hearing before a date is set for the final hearing.  In other courts, the first hearing will be the final hearing and it is important to be prepared for a trial.  Your witnesses will also need to be able to attend for the final hearing.

3. Options to Settle

If you wish to resolve the court proceedings without a contested trial, then you may propose that the dispute be resolved by either a Conduct Agreement Order or by way of an Undertaking.

A Conduct Agreement Order is an order that results from the restrained person accepting the FVRO on a final basis, but they do not admit to any of the allegations made in support of the protected person’s application.

An Undertaking is a documented promise that the restrained person (or both parties) will not engage in certain negative behaviours and/or that they will not come within a certain distance of the other party.

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For more information and legal advice, get in touch with our divorce lawyers.