QLD breaching AVO questions

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

Sal1

Well-Known Member
24 June 2016
41
0
121
my daughters ex partner took a Avo out against her in December last year , he contacts her often and asks her to look after their daughter at his place . If she goes there is only she breaching the Avo? Can either party apply to have the Avo withdrawn & how you do you apply ?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Sal,
Only the ex can apply to withdraw the AVO. If your daughter went over there and she was found to be in breach of the AVO she could use the contact initiated by the ex and the request to look after their daughter as evidence. So the answer is yes she is the only one in breach but he basically undermines his AVO by his own actions.
 
  • Like
Reactions: Sal1

Sal1

Well-Known Member
24 June 2016
41
0
121
Hi Sal,
Only the ex can apply to withdraw the AVO. If your daughter went over there and she was found to be in breach of the AVO she could use the contact initiated by the ex and the request to look after their daughter as evidence. So the answer is yes she is the only one in breach but he basically undermines his AVO by his own actions.
Thanks
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Depends on the terms of the order. Time to time orders have different terms that allow limited contact, in certain instances between the parties - Commenting either way would be improper as I don't know the exact terms.

Your daughter can also apply to change/revoke the order - Not just her ex.