NSW Contacting PINOP family overseas..is it breach of AVO?

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Ashkan2020

Active Member
28 June 2020
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Hi,

An AVO is issued against me by police to protect my partner.
the AVO says that I must not contact the PINOP family (everyone who’s got domestic relationships with PINOP). Though the PINOP family live and reside overseas and are not Australian citizen or permanent resident.

I was wondering whether contacting her family overseas is a breach of AVO, given that AVO issued for across Australia.

thanks if someone can give some advices..
 

Atticus

Well-Known Member
6 February 2019
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An AVO is issued against me by police to protect my partner.....the AVO says that I must not contact the PINOP family
Then you can't contact the PINOP's family without risking a breach if reported ..... Doesn't matter that they are OS. The AVO has been served on YOU. As long as YOU are in Australia, the restraints listed on your AVO apply.
 

Tim W

Lawyer
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28 April 2014
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...I was wondering whether contacting her family overseas is a breach of AVO
Much depends on the exact words, but yes, it can be a breach.
Don't do it.
 

Ashkan2020

Active Member
28 June 2020
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Thanks Tim,

in fact it says:

“”you must not do any of following to her or anyone having domestic relationship with her:
Assault or threaten them
Stalk, harass or intimidate
Intentionally or recklessly damage their belongings
For example:
You must not do any of theses things in person or though another person or electronic communication or devices (text, email, call....)
You must not do anything that make her feel frightened or feel you may damage her belongings in anyway””

I just wanted to contact her mum overseas to have a chat to understand what’s going on, though I’m not sure whether it breaches this order..

thanks for any advices...unfortunately I can’t get a proper legal advice..
 

Atticus

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6 February 2019
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the AVO says that I must not contact the PINOP family (everyone who’s got domestic relationships with PINOP)
If it says that ^^^^^
I just wanted to contact her mum overseas to have a chat to understand what’s going on, though I’m not sure whether it breaches this order..
then doing that ^^^^^^ would be a breach ... Consequences may well follow if reported to police here ... not worth it
 

Tim W

Lawyer
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I just wanted to contact her mum overseas to have a chat to understand what’s going on....
No. Don't do that.
...though I’m not sure whether it breaches this order.....
I am sure as I an be without seeing the order document
that you'll be looking at a breach of the order.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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To add my one cent‘s worth, not only is it likely to be a breach but it will also be perceived by the recipient and the PINOP as a breach. You’re unlikely to get the response you’re seeking, and they’ll be be making a report on your contact the minute you get off the phone.
 
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