You have 21 days from the date of being served with the interim Family Violence Restraining Order (“FVRO”) to file an objection to the interim order being made final. You should return the objection to the Court that issued the interim FVRO to file your objection. This can be done in person or electronically.
You should consider whether to elect to allow the Court to try and resolve your matter by a shuttle conference. This is an informal settlement process offered by the Magistrates’ Court to resolve your dispute without the need for a trial.
You will then receive a letter from the Court notifying you of a hearing date. You must attend the hearing or instruct Paterson & Dowding to appear at the hearing on your behalf.
You should also request copies of the Protected Person’s Application, Affidavit and a Transcript of the interim hearing. You can do this at the Court when you file your objection, or it can be done electronically by filing a Form 1 request with the Court that issued the FVRO. Alternatively, you can instruct Paterson & Dowding to obtain them for you. These documents should tell you what evidence the Protected Person relied upon to justify the Court granting an interim FVRO.
Once you have been served with an interim FVRO, you must NOT contact the Protected Person directly or indirectly or through third parties, except your lawyer. You otherwise risk breaching the order which can have serious consequences.
The interim FVRO will remain in force until it is cancelled or a final order is made.
If you have children, you should check to see if they have also been protected under the interim FVRO.
Separation can be tough but getting the right lawyer on your side can make all the difference.
Experienced Family Lawyer, Michael Clements, is available at Paterson & Dowding’s Joondalup and Perth Office.
Michael comes from a military background and brings with him a wealth of life experience. He has a particular interest in assisting parties in the area of Family Violence Restraining Orders.
Call Michael today on (08) 9226 3300 to schedule your initial consultation.
