FVRO applicant abandons case mid-trial; FVRO dismissed

This matter involved a client who was the respondent to a family violence restraining order (‘FVRO’) which had been issued on an interim basis. The client strongly denied the allegations made by the applicant at the ex parte hearing. The matter was listed for a final order hearing.

Prior to trial, we engaged in extensive preparations. This included taking detailed statements from a number of witnesses. We also issued a summons to the court requiring CCTV of the court’s waiting area be provided to the client. This resulted in obtaining crucial footage of the applicant acting in a violent and threatening way towards the respondent, prior to a pre-trial mention hearing in the same court the final order hearing was listed in.

At trial, we engaged in extensive cross-examination of the applicant, with a view to establishing that the application had no merit. This included demonstrating that there was no evidence of any violence or threats having ever been made towards the applicant. Further, that the applicant had actually been violent towards the respondent in the past.

Mid way through the cross-examination, the applicant got up and walked out of the court, abandoning their application for the FVRO. The Magistrate accordingly dismissed the restraining order. This fantastic outcome meant that the respondent was no longer bound by an onerous restraining order that arguably never should have been granted in the first place.


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