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NSW Family Law - How to Get Domestic Violence Order Dismissed?

Discussion in 'Criminal Law Forum' started by DadonaMission, 6 August 2015.

  1. DadonaMission

    DadonaMission Well-Known Member

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    Hi,

    Incident between my wife and I with children present. Basically I walked out of the house with her mobile phone to read messages she was hiding from me regarding separation and divorce.

    Interim ADVO ( domestic violence order) in place with basic 1 a,b,c conditions. My wife through the police is trying to have it extended to further conditions so I can't go near the children at school or preschool.

    Family Law proceedings now well underway on her part.

    The preliminary ADVO facts (which I agree with) were this:
    I picked up her phone and walked past her to go out of the house, she has placed her hand on my shoulder and I've shrugged it off.

    New interim ADVO facts statement:
    I picked up phone, pushed her and her mother out of the way and threw a chair down to stop them following me while I exited the house with phone. I almost knocked over my daughter while leaving.

    New statement says she is scared of me.

    We have a text message and email from her asking me if I'd like to meet her and the kids at the park 2 days after this event.

    This was a once off. I have stayed away from my children for nearly 3 months.

    This ADVO has hurt my ability to see the children at the Interim-interim level. I now only have supervised access. In the Family law case she has also falsely accused me of child abuse and family violence.

    What are the chances of getting this ADVO dismissed?? Does it ever happen?
     
  2. Tim W

    Tim W Lawyer

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    1. Is it still an interim order, or has there been a hearing on a final order?

    2. Actually, what you did was assault her and steal her phone.
      (What makes you think you have any right at all to help yourself to her phone against her will?)

    3. If I was you, I'd be accepting the supervised access,
      and using your behaviour during supervised visits
      to show that you be sensible and compliant.

    4. I do not like your chances of having the order lifted.
      You will serve your case better by complying with it.

     
  3. DadonaMission

    DadonaMission Well-Known Member

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    1. It is an interim order.

    2. I agree with you if the interim statement was true but it's not. I agree with the facts from the preliminary grounds of application. I don't see how it could change so much. Her phone was on the bed not in her hand.

    3. I am accepting supervised access atm. If it were true that I took her phone and pushed her do you really believe it's worth me having supervised access to my children?

    4. It was a once off and certainly I am complying by staying away but this means I haven't seen my kids.

    You are aware that vindictive mothers involved in family law matters use these avos to gain advantage and revenge?
     
  4. Tim W

    Tim W Lawyer

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    You can probably make an application to have it revoked.
    Don't like your chances though.
    All it takes is a reasonable apprehension on the part of the applicant. Interfering with property, throwing chairs, pushing people?
    I can see a court calling that "reasonable".
    Where the phone was is irrelevant. You had no basis to take it.
    Oh, and the "I shrugged it off" thing? That can be a battery.
    I think you're lucky to have supervised access.
    You only got that because it's better for the kids to see their father some of the time than not at all.
    Understand that the Magistrate is placing the safety of the children and your wife well and truly
    ahead of anything else.
    So, really, the conditional visiting is not about you at all.
    A once off - yeah , "they all say that".
    I am. I've been to Law School, and everything.
     

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