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Thread: An over reaction?

  1. #31
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    Quote Originally Posted by Winston001 View Post
    4. Issuing a Trespass Notice is over the top and antagonistic. Stupid really. If she feels threatened she should obtain a Protection Order.
    Take into consideration that there may possibly be no recorded incidents of any sort (certain "things" may have gone on and been unreported, I don't know just using this as an example) getting a Protection Order in place isn't all that plain cut a dry in those types of situations. They aren't just handed out all willy nilly.
    Therefore a Trespass Notice being issued would become a stepping stone of sorts. In "most" cases a Trespass Notice is sufficient enough if perhaps she felt threatened.

  2. #32
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    Quote Originally Posted by XxKiTtiExX View Post
    Take into consideration that there may possibly be no recorded incidents of any sort (certain "things" may have gone on and been unreported, I don't know just using this as an example) getting a Protection Order in place isn't all that plain cut a dry in those types of situations. They aren't just handed out all willy nilly.
    Therefore a Trespass Notice being issued would become a stepping stone of sorts. In "most" cases a Trespass Notice is sufficient enough if perhaps she felt threatened.
    A protection order means he can't come anywhere near HER ...

    A TRESSPASS order means he can't come anywhere near her HOUSE ...

    She can't hand the child over to him if a protection order is in place ...

    BUT a tresspass order would allow them to do that ... just NOT at HER place ... (maybe the INTENDED GOAL ...????)
    When life throws you a curve ... Lean into it ...

  3. #33
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    Quote Originally Posted by XxKiTtiExX View Post
    Take into consideration that there may possibly be no recorded incidents of any sort (certain "things" may have gone on and been unreported, I don't know just using this as an example) getting a Protection Order in place isn't all that plain cut a dry in those types of situations. They aren't just handed out all willy nilly.
    Therefore a Trespass Notice being issued would become a stepping stone of sorts. In "most" cases a Trespass Notice is sufficient enough if perhaps she felt threatened.
    Yes, thats a fair point. And you are correct, Protection Orders are not issued simply because a person asks - the judges require sworn evidence, and most Orders are temporary for 3 months.

    Quote Originally Posted by FJRider View Post
    A protection order means he can't come anywhere near HER ...

    A TRESSPASS order means he can't come anywhere near her HOUSE ...

    She can't hand the child over to him if a protection order is in place ...

    BUT a tresspass order would allow them to do that ... just NOT at HER place ... (maybe the INTENDED GOAL ...????)
    A common misconception. The protected person can consent to be approached by the other party and have contact with them, even allow them to stay overnight. The power of the Order lies in the protected person being able to withdraw that consent at any moment. That makes the other party very cautious. Good things can come from that in the longterm.

  4. #34
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    Quote Originally Posted by FJRider View Post
    A protection order means he can't come anywhere near HER ...

    A TRESSPASS order means he can't come anywhere near her HOUSE ...

    She can't hand the child over to him if a protection order is in place ...

    BUT a tresspass order would allow them to do that ... just NOT at HER place ... (maybe the INTENDED GOAL ...????)
    A protection order meaning that he can't come anywhere near her would depend on wether or not it is non-violence or non-contact conditions.

    That is correct. However, if he were to breach the trespass notice it is more likely that a court will then establish a protection order.

    Again handing over the child would depend on what the conditions of the protection order are and wether or not there is also a parenting order in place.

    May be a lot more to the story between these two than what meets the eye, but just taking a look at it from different angles.

  5. #35
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    Quote Originally Posted by Winston001 View Post
    A common misconception. The protected person can consent to be approached by the other party and have contact with them, even allow them to stay overnight. The power of the Order lies in the protected person being able to withdraw that consent at any moment. That makes the other party very cautious. Good things can come from that in the longterm.
    Thats right, I forgot about that major detail

  6. #36
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    Quote Originally Posted by FJRider View Post
    As an UN-parent ... I am NOT aware of any restrictions ... ask YOUR local chilcare center ...
    I have. And subsidies are avaialable to over 3s.

    Get your facts straight before you become an authority on things you have no experience in, eh?
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  7. #37
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    Putting the child care issue aside remember these 2 people have parted ways. In the real world this is quite often a traumatic experience and the last thing you want is for the other person to be anywhere near you let alone in your house (spose you could call that your safe area) so I can certainly understand her reluctance.
    As for bonding with the child it seems pretty obvious he doesn't want to. This may change down the track but at the moment I wouldn't push it as it would probably just cause even more acrimony. Let it be for now.
    If it rains on your parade, use the umbrella of eternal optimism

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