Technical legal assistance to ensure safety

Rosie and her four children were protected persons in an indefinite family violence intervention order (FVIO) with full no contact conditions against her ex-partner, Lachlan. Rosie and Lachlan share one child. Lachlan had been imprisoned for seriously assaulting and raping his most recent partner. Lachlan had also breached the FVIO previously and strangled Rosie in the presence of her other children, and threatened to destroy everything, pouring fuel around her home and car. Shortly after being released on parole, Lachlan applied to vary the order to allow him to see the child. Given the seriousness of the incidents and Rosie’s fear for both her and her children’s safety, she was strongly opposed to Lachlan spending time with Leslie and was too afraid to attend Court. PCLC provided Rosie with assistance and advised that the matter appears to be ultimately heading to the Family Court. Rosie may agree to vary the order to include the words ‘or a written agreement’ in the first exception. This would still protect Rosie and children but also allow Lachlan to spend time with the child if there is a written parenting agreement reached through lawyers. Our lawyer assisted Rosie with negotiating a resolution with Lachlan’s representative – noting the seriousness of the incidents and the breach. The FVIO matter was eventually resolved with the slight variation proposed and remained an indefinite order.