Groundless Protection Order
Hi All…I had a process server deliver an affidavit and protection order application at my door a couple of weeks ago. My mental ex is asking the Family Court to place a Protection Order against me protecting my daughter and her from me.
There is to be a judicial conference which I will be attending by phone next week. The part that pisses me off mostly is the fact that I hardly ever contact my ex and on the few occasions I do it’s just to ask if I can speak to my kids. She normally answers the phone and I normally say “can I speak to child A or child B please”. Other than that we don’t talk at all because I have found over the years that you can’t argue with a sick mind. No email contact, no facebook, no sms, Nothing!
The only grounds she seems to have is that I said, in a previous affidavit that went before the FC a couple of months ago, that she was mentally ill, which she is. I’m not so stupid that I would put anything abusive in an affidavit or Notice of Defense because the judge obviously gets to read all that. Her only justification for placing the protection order against me for my daughter is because she thinks that my daughter may have overheard me discussing her care at a Family Court Judicial Conference a few weeks ago.
The fact that my daughter should have been at school at the time doesn’t seem to have been taken into account but, if she heard me say anything, it would have been something like; Why isn’t my daughter being sent to school instead of being kept home surfing the Internet all day for the past 18 months?? Hardly abusive!! It’s obvious to me what’s going on here; i.e. she knows I’m going for custody of my daughter soon and a Protection Order would obviously cast that into doubt.
Just to put this into perspective, my current wife had a mental husband who regularly threatened her and her kids, sometimes with guns, and often beat them up. She was unsuccessful in getting a protection order against him even under these dire circumstances and even after the AOS were called out on 2 separate occasions!
SO WTF is going on here. Why is the Family Court allowing such a dubious case to proceed without any grounds at all?? Have they nothing better to do with their time? And, to add to the ludicrousness the Protection Order has been imposed without notice so in theory I am not allowed to phone my daughter at the moment. I live in Perth and my kids and their mother live in Hamilton so given the aforementioned lack of contact I have difficulty conceiving what’s going on here. Doesn’t an Applicant have to make out some solid grounds for a Protection Order these days??? I mean it’s not so much that she’s making stuff up, although she does, but her Application just doesn’t seem to justify any need for a Protection order other than her saying that she doesn’t like me saying she’s mentally ill in a previous affidavit as a Respondent.
I would appreciate some feedback re this. I don’t know what to say at the Conference although I have put in a Notice of Defense rejecting all her claims. Your thoughts??