NSW AVO

[Robbert]

Can a foreign resident apply for an AVO in NSW without being present in Australia?

 

[Atticus]

Possibly if they are an Australian citizen & the respondent is in NSW.

 

[sammy01]

Yeah, BUT. Part of an AVO requires you to have reason to believe you are at risk of an iminent threat of violence. How can someone harm you if they're not in the same country?

 

[Atticus]

Part of an AVO requires you to have reason to believe you are at risk of an iminent threat of violence.

An AVO is a DOMESTIC violence protection order, & as we know, the definition for what constitutes a perceived or actual threat these days is pretty loose ....

How can someone harm you if they're not in the same country?

AVO can restrict contact by ALL means, physical & electronic... Also damage to personal property that the PP may have in NSW.... Dunno the exact circumstances at play here but that's an example

 

[Robbert]

An AVO is a DOMESTIC violence protection order, & as we know, the definition for what constitutes a perceived or actual threat these days is pretty loose ....

AVO can restrict contact by ALL means, physical & electronic... Also damage to personal property that the PP may have in NSW.... Dunno the exact circumstances at play here but that's an example

 

[Robbert]

Respondent is in NSW, the complainant has no property in Australia.
Assumption is that the PINOP would not be available for cross examination, therefore the complaint fails at the outset?

 

[Atticus]

Assumption is that the PINOP would not be available for cross examination, therefore the complaint fails at the outset?

Is this a theoretical or an actual thing? ..... If it's an actual thing, is it an AVDO (domestic violence order)?

Making assumptions cause the facts aren't known, if it's the later, & if the PINOP overseas is an Oz citizen & the respondent is residing in NSW, then the PINOP could apply by electronic means for an interim order ... If accepted & the respondent is served, job done ..... From what I'm hearing of late the FIRST mention can be anywhere from 3 -7 months away.. The PINOP is not required to attend the first mention, so you would be looking at months more before an actual trial date, that's if the applicant doesn't adjourn.

At trial, the applicant could choose to be represented by a lawyer or in some circumstances, appear by video link.

 

[Robbert]

Is this a theoretical or an actual thing? ..... If it's an actual thing, is it an AVDO (domestic violence order)?

Making assumptions cause the facts aren't known, if it's the later, & if the PINOP overseas is an Oz citizen & the respondent is residing in NSW, then the PINOP could apply by electronic means for an interim order ... If accepted & the respondent is served, job done ..... From what I'm hearing of late the FIRST mention can be anywhere from 3 -7 months away.. The PINOP is not required to attend the first mention, so you would be looking at months more before an actual trial date, that's if the applicant doesn't adjourn.

At trial, the applicant could choose to be represented by a lawyer or in some circumstances, appear by video link.

Is this a theoretical or an actual thing? ..... If it's an actual thing, is it an AVDO (domestic violence order)?

Making assumptions cause the facts aren't known, if it's the later, & if the PINOP overseas is an Oz citizen & the respondent is residing in NSW, then the PINOP could apply by electronic means for an interim order ... If accepted & the respondent is served, job done ..... From what I'm hearing of late the FIRST mention can be anywhere from 3 -7 months away.. The PINOP is not required to attend the first mention, so you would be looking at months more before an actual trial date, that's if the applicant doesn't adjourn.

At trial, the applicant could choose to be represented by a lawyer or in some circumstances, appear by video link.

It's real not theoretical.
Its an APVO.
The PINOP lives in America, has not made a complaint or provided any evidence, and has not responded to any inquiry by police.
Respondent arrested for stalking and intimidation, using a carriage device.
A NSW relative of the American PINOP made the complaint to NSW Police.

The question then is really; can an AVO be issued by NSW Police for a foreign resident who has not made a complaint, has not provided evidence, and who refuses all and every inquiry by Police?

 

[Atticus]

For the sake of clarity (trying to read between the lines here) Confirm or correct the following ...

The relative of the PINOP has made a complaint to NSW police
They have subsequently arrested the respondent for stalking and intimidation, using a carriage device
Respondent has then been served with the APVO.

If so yes, the relevant act gives police the power (in fact an investigating officer who even suspects or believes stalking & intimidation MUST) to issue an APVO

Has the respondent been charged with this? If so it appears that the officer/s were satisfied that the offense has been committed.. It's the police who bring the charge, not the victim.

 

[Robbert]

For the sake of clarity (trying to read between the lines here) Confirm or correct the following ...

The relative of the PINOP has made a complaint to NSW police
They have subsequently arrested the respondent for stalking and intimidation, using a carriage device
Respondent has then been served with the APVO.

If so yes, the relevant act gives police the power (in fact an investigating officer who even suspects or believes stalking & intimidation MUST) to issue an APVO

Has the respondent been charged with this? If so it appears that the officer/s were satisfied that the offense has been committed.. It's the police who bring the charge, not the victim.

Interesting.
What you have set out for the process is essentially correct. So, an AVO can be obtained and enforced, on someone else’s behalf when they live in another country?