Legal help. I've had a restraining order put on me!

Anon Imperfect Mum

Legal help. I've had a restraining order put on me!

My partners Nasty ex has decided to take an ivo out on me againts her and her kids (my partners as well) I've been with him for 2 years and she has time and time again tried to split us up. Saying they have slept together that he kissed her that she fucked him last night. She said to him that she has had people come up to her and said they slept with me last night and to let my partner know. That he will always love her that he told her last night he doesn't want me any more. It's gone on since day one but it's only made us stronger. We have done alot together in the past 2 years. My daughter adores
him. We have lost a child together been over seas together. She's been so jealous with all her messages to me and phone calls, it's never worked her little jealous game, so she's decided to take an ivo out on not just me but him as well. She is clamming that he sexually abuses her on drop off and pick up times in front of the kids touches her breast and forces him self on her and damands sex or she won't be able to have the kids, and I abuse him in front of her kids physically and smash things around the house in front of her kids and call her all sorts of names for the kids to hear and repeat back to her. Not to mention trying to drive my self off a cliff with my daughter in the car!
It's a weird situation but there has never been any custody agreements they got to day care 2 days a week she has them when he works and me and my partner have them 7 nights a week including the weekends this is all agreed to by her. She has her own place and will have them come stay once in a blue moon but that it
She's taken this way to far. If it goes ahead I won't be aloud with in 5 meters of their children as stated on the ivo along with not contact through a third person etc makes me sick seeing their names on there as protected people, and will be forced to leave my partner. My daughter will be guttered to not have them in her life any more. We have a huge future planned together. Saving for a house right now and planning to have a baby together soon.
I'm feeling shattered everything in her statement is so wrong so many lies and just awful. I've actually been studying family abuse and children's emotions after it has happened. So why would I be committing family violence.
I blocked her from my Facebook almost a year ago and have blocked her number but I still get her messages which are always lengthy and very inappropriate I will most the time reply with stop messaging me please or leave us be but she never does.
Today I've just hit a rock bottom point. How can one person be so nasty to another.
So my question is can I fight this. Does any one know a good legal aid lawyer in the northern suburbs of Victoria? Is this going to be hard to fight?

Posted in:  Relationships & Marriage, Mental Health, Self Care, Health & Wellbeing, Behaviour

4 Replies

Anon Imperfect Mum

https://www.legalaid.vic.gov.au/find-legal-answers/personal-safety-inter...

She has taken one out on you, not the kids, so most likely if it were to withstand in court then you won't be able to contact her or be near her.. so your partner will have to do any drop offs/pick ups that involve her. But it most likely won't involve the kids.

If you have done nothing I am sure it wouldn't go ahead in court, however if she genuinely is fearful of you and you've threatened her in any way (via message etc.) then she has a case.

It sounds like what you are surrounded by is very toxic, you shouldn't be having any contact with her at all. Block her, don't go near her, don't let her get to you.

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Anon Imperfect Mum

Don't leave the house. This will be what she wants. I assume she does not have space for the kids if she doesn't have them overnight? Or something like that? If she gets an avo against you that includes the kids she will be up shit creek. Make it clear you are not moving from the house.

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Anon Imperfect Mum

I know this might not be helpful, but are you sure that what she is saying about your partner isn’t true? My ex was in a new relationship and was still coming to my house regularly while she was at work telling me he missed me and having sex with me. He would make an excuse to come into the house (such as to get a drink and then force himself on me and I wouldn’t make a fuss because I didn’t want to upset the kids. He would also say he wouldn’t take the kids until I have him a blowjob and I needed him to take them so I could go to work. He was a shove and controlling through our marriage and I was a shell of a person and completely reliant on his approval. The night he brought divorce papers over for me to sign he was caressing my breasts and kissing my neck while I was trying to read them and in the end I wouldn’t sign them because I thought if he still wanted to make love to me maybe there was hoo of getting back together. His new girlfriend turned up on my doorstep the next day furious and accused me of all the things you are saying- lying, trying to break them up, being jealous and nasty and spiteful. Luckily I had text messages, photos and recordings to show her that in fact he was the liar

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Anon Imperfect Mum

Ok you can go to court to have the order reversed take the messages as prof. Have your partner Contact mediation and put a parenting plan in place, have the children do counseling as well will help them. Don’t leave your partner it will be the worst thing you have ever done if you love him. Do not see the kids until the order is revoked as it will be harder to have it revoked if you break it. It is tough I didn’t see my step kids for 6 months. Every bit of the heart ache was worth it when I got to hug those kids again. My partner and I have been together for six years now. Best of luck

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