Solicitor: Erin Mitchell
Court: Southport Magistrates Court
Date: December 2017
Our client previously consented, on a without admissions basis, to a DVO being made against him after the breakdown of his marriage. Prior to the 2 year order expiring, the Aggrieved made an application to the court to extend the order for a further 5 years. Our client did not wish to consent to an order being made against him for a further period of time and as such we were instructed to list the matter for a hearing. The duty lawyer for the Aggrieved sought a TPO (temporary protection order) be made to apply until the hearing date. We made submissions to the Court addressing the matters raised in the Application and urging the Court not to make any order. The Court refused to make any TPO. We then sent correspondence to the Aggrieved noting the weaknesses in her application and ultimately she decided to withdraw her application to extend the order.
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This was a great outcome as it saved our client the costs of a trial and he can now move on with his life and commence custody proceedings to gain access to his children.