Can a DVO be appealed outside 21 days of the initial ruling?

Discussion in 'Other/General Law Forum' started by Sulpicius_Galba, 23 May 2019.

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  1. Sulpicius_Galba

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    I will try to keep this short and concise.

    Was together with my significant other for 7 years, engaged to marry.
    We split, it was messy. No psychical harm just yelling and screaming etc.

    For 12 months after the initial split i made contact frequently try to reconcile.
    She didn't like this and got a DVO put against me for emotional abuse.

    I didn't lawyer up and contest, i was distraught and not sleeping leading up to the court date and just rolled over and accepted it without appeal as i just wanted this whole situation to go away.

    Looking back now with a clear mind, this 5 year court order against me probably could effect me negatively in future job opportunities and it just overall doesn't sit right with me.

    Can i make an appeal for it to be dropped, or do i just have to wear it now?
     
  2. sammy01

    sammy01 Well-Known Member

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    Just checking - did you accept without admission?

    The advice changes depending. But by the sounds of things you acccepted without admission? That being the case stress less. Mate, I'm a school teacher even with my kids on the AVO as 'protected people' it still didn't impact on my working with children check.

    So when might an AVO impact negatively on job prospects? Look if you're going for any job that requires you to have a gun licence....

    Appealing it now? Not really. See the problem is that you'd need to get a solicitor to contact the ex and she would have to agree. I reckon you're wasting your time
     
  3. Scruff

    Scruff Well-Known Member

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    If you haven't been charged with a criminal offence, then you have nothing to worry about and you don't have to disclose anything to prospective employers.

    The following is based on information for NSW, but all states and territories should be similar.

    National Police Checks ("NPC") are limited to non-spent criminal "convictions", while Working With Children Checks ("WWC") includes an evaluation of all criminal "charges" (incuding pending, spent and juvenile) as well as findings of workplace misconduct.

    The NSW Office of the Children's Guardian describes the difference as follows:
    Ref: Working With Children Check FAQ - NSW Office of the Children's Guardian (Scroll down to #19)

    There is a list of disqualifying offences that automatically bar you from working with children. These offences are defined in Schedule 2 of the NSW Child Protection (Working with Children) Act 2012. Ref: NSW Legislation

    A better summary of the disqualifying offences is contained in this Facts Sheet, as it includes the descriptions of the offences, not just the section numbers: https://www.kidsguardian.nsw.gov.au/ArticleDocuments/191/Schedule2offences.pdf.aspx?Embed=Y

    A DVO is a "civil court order", not a criminal offence. It therefore does not show up in, or have any impact on either check.

    Breaching such an order however, is an offence that you can be charged for. If that happens, then for an NPC, it would show up if convicted and for a WWC, it would be included in the assessment regardless of conviction.
     
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    #3 Scruff, 25 May 2019
    Last edited: 25 May 2019
  4. Scruff

    Scruff Well-Known Member

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    A quick correction in relation to the above:

    WWC's include charges where a conviction is recorded; and charges that are proven and no conviction is recorded.

    So NPC's only include recorded convictions; and WWC's are assessed on all charges that are proven, whether or not a conviction is recorded.
     
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