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NSW Apprehended Domestic Violence Order Resulting in Lost Income - Sue Ex?

Discussion in 'Family Law Forum' started by Peter Ando, 20 May 2016.

  1. Peter Ando

    Peter Ando Member

    20 May 2016
    Likes Received:
    Hi guys,

    Can I sue for lost income if my spouse has taken out an Apprehended Domestic Violence Order (ADVO)?.

    I need my firearms licence for work as I work for a Cash In Transit company. Prior to my separation, there were no claims of assault, no visits from the police. Nothing. After my wife left, I asked her to come to a psychologist meeting, whereupon I made the statement "What do you want me to do? Go to work and top myself?"

    I'm a very silly boy because that statement has cost me my kids and $100,000.

    The remarks about topping myself are the only evidence against me. Quite a doozy, though!. The ADVO was contested in court and lifted. In doing so I was required to make an "undertaking" that I still wouldn't approach wife and kids, etc, etc, etc.

    Is it possible to sue for lost income if I can satisfy the court that the ADVO was vexatious and malicious in nature? i.e. she didn't really fear for her safety because the ADVO was taken out 2 days after the psychologist appointment?

    What sort of fees am I looking at? Will this be heard in front of a magistrate or jury?

  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    The best you can get is your lawyer fees paid by your ex, but you can't sue for damages for income lost as a result of the AVO.
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  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Sue for lost income, because, by your own admission,
    you made a foolish statement, that you knew, or reasonably should have known,
    would raise concerns about your mental health,
    and therefore bring into question your suitability to hold a firearms licence?

    Not a chance.
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  4. sammy01

    sammy01 Well-Known Member

    27 September 2015
    Likes Received:
    Ok, so you didn't even threaten her? You threatened your own life?

    Yup - I understand your thinking, but you've got no chance. Mate, you're lucky the courts dropped the thing, so you can still work.

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