NSW Restraining orders

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Knightmare

Well-Known Member
17 February 2016
75
0
291
I share an estate residence with a brother who has a history of violence against family members - he's had a Section 10 for assaulting his 100 yr old mother.

As far as I know, police have taken all his his guns and gun clubs have denied him membership. He's using passive aggression to aggravate me.

Question is, what is the best way of removing him from the residence, given I don't own it? Can I take out an AVO or a restraining order?

Tks
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Question is, what is the best way of removing him from the residence, given I don't own it? Can I take out an AVO or a restraining order? ......... he's had a Section 10 for assaulting his 100 yr old mother.

In some states an assault on a family member results in an FV restraining order automatically ...

AVO's aren't (or at least not supposed to be) just a mechanism to address an inconvenience .... 'passive aggression' alone would not be grounds. Certainly not to have a person removed from their home anyway.