WA AVO Breech ?? And now pregnant

[Karen Hoffman]

Hi, im in a mess trying to help my daughter.
She has a current AVO out on her ex until November this year.
He served time for abusing her and since his release from prison has made contact with her using a fake I.D on FB.
This was a few months ago and during that time my daughter has become pregnant to him (yes, i know it was a silly thing to have happen) but he hasnt changed and she wants him to stop coming over harrassing him etc.
My question is, does she still have rights to call police and have him arrested for breeching the order? And will she in turn be on trouble, legally, for seeing him and becoming pregnant?
T.I.A for any advise given..

 

[sammy01]

Mate you seem pretty reasonable. So the ex could be in a world of trouble here. Jail time sort of trouble... Your daughter, meanwhile won't be in all that much trouble at all. Kinda suxs though hey... So, on the one hand she has claimed she lives in fear of this guy (and by the sounds of things with good reason) BUT is prepared to have sexual relations with him? Look, legally he has breached the avo and regardless of the reasons he is in breach. OFF TO JAIL.

So yes, she can call the cops at any point in time and notify them that he has breached the terms of the avo. He will be arrested will likely face charges. BTW... Does he know is is gonna be a dad? See the advice changes based on that fact.. But..

My advice is part from my understanding of the law part common sense and part life experience. - she needs to make a very clear statement to him in writing - email or text... Dear XXXX please do not contact me. I no longer want to have any communications from you.
That is that. NOTHING ELSE... Sure he might respond with a text or two BUT she must not respond. NOTHING. See if she responds then she is engaging with the drama of all this. She needs to remove herself from this guy totally.... IF after a few weeks he is still causing her grief, making contact OR if he does anything threatening then of course go straight to the cops.

She is gonna have to realise that once the kid is born she is going to have to face the realities of this. If the dad wants to have a meaningful relationship with the kid, then she is going to need to accept that dads have rights too.

 

[Scruff]

I definately agree with cutting off all contact immediately - no matter what.

I know this sounds cruel and many people won't like it, but if this guy doesn't know that he's the father, then your daughter shouldn't put his name on the birth certificate and should never pursue child support.

If she does, she's stuck with an abusive ex in her life for the next 18 years, and the child is stuck with this guy in their life for life.

It's not worth it. This is one of those cases where safety should come first - both hers and the childs.

 

[Karen Hoffman]

Mate you seem pretty reasonable. So the ex could be in a world of trouble here. Jail time sort of trouble... Your daughter, meanwhile won't be in all that much trouble at all. Kinda suxs though hey... So, on the one hand she has claimed she lives in fear of this guy (and by the sounds of things with good reason) BUT is prepared to have sexual relations with him? Look, legally he has breached the avo and regardless of the reasons he is in breach. OFF TO JAIL.

So yes, she can call the cops at any point in time and notify them that he has breached the terms of the avo. He will be arrested will likely face charges. BTW... Does he know is is gonna be a dad? See the advice changes based on that fact.. But..

My advice is part from my understanding of the law part common sense and part life experience. - she needs to make a very clear statement to him in writing - email or text... Dear XXXX please do not contact me. I no longer want to have any communications from you.
That is that. NOTHING ELSE... Sure he might respond with a text or two BUT she must not respond. NOTHING. See if she responds then she is engaging with the drama of all this. She needs to remove herself from this guy totally.... IF after a few weeks he is still causing her grief, making contact OR if he does anything threatening then of course go straight to the cops.

She is gonna have to realise that once the kid is born she is going to have to face the realities of this. If the dad wants to have a meaningful relationship with the kid, then she is going to need to accept that dads have rights too.

Yes he knows about the baby, not that it changes how he treats her..
Thanks for responding.