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AVO on Both Parties Possible?

Discussion in 'Criminal Law Forum' started by Patrick, 22 June 2014.

  1. Patrick

    Patrick Active Member

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    I am currently listed as a protected person under my girlfriend's AVO. Now the person who the AVO was served on is saying he is going to get an AVO on me. He is also saying that his daughte, who lives with my girlfriend, will be listed on the AVO as well. Is this actually possible?
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Hi Patrick,

    It is possible for parties to have AVOs on each other. It is also possible for protected person and defendant on an AVO to live together.
     
  3. Patrick

    Patrick Active Member

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    Thanks for the reply. Is he also able to have his daughter who lives with my girlfriend/the mother on the AVO? I'm more concerned that he is trying to get an order for me to stay a certain distance from his daughter.
     
  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    How old is his daughter and what state are you in?
     
  5. Patrick

    Patrick Active Member

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    She is 5 and we are in NSW
     
  6. Owens Lawyers

    Owens Lawyers Well-Known Member

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    He could apply for an AVO and the standard orders (which state that the defendant can't assault, molest, harass, stalk, intimidate etc) would also apply to anyone he has a domestic relationship with. So it would also protect his daughter as far as the standard orders go.

    Generally the police need to apply on behalf of children according to section 48 of the Crimes (Personal and Domestic) Violence Act. However, the court can (and must unless there is good reason not to) extend an AVO to include a child of an adult applicant.

    Of course, there needs to be some evidence to show he needs the AVO. An applicant needs to convince the court on the balance of probabilities that they fear a personal violence offence from the defendant and that it is reasonable to fear a personal violence offence from the defendant.
     

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