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NSW Rules of AVO and Domestic Violence Order?

Discussion in 'Family Law Forum' started by sammy01, 9 April 2016.

  1. sammy01

    sammy01 Well-Known Member

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    Just checking my understanding.

    So if you accept an AVO in NSW without admission there is no conviction recorded. All good so far. But - if you contest the AVO / Domestic Violence Order and lose, you get a criminal conviction. True?

    And if it is true then, if the kids are listed as protected persons on the AVO / Domestic Violence Order and you contest the AVO/ Domestic Violence Order and lose, does the criminal conviction mean that you could bump into trouble if you had to do a criminal history check for employment / volunteer work in an environment that includes kids?

    Any thoughts? Any ideas about how it goes in other states / territories other than NSW?

    Cheers
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    Anyone can place an AVO on a person which is a set of court orders stating terms and conditions. A person has to abide by and classed in Brisbane as a 'Temp AVO' untill you and the aggrieved go to court. It is recorded.

    If you accept in court an AVO without admission, you still have to abide by the conditions of the 2 years order. It is recorded.

    Changeable terms and conditions of AVO after court decision depends if the aggrieved agrees to drop all conditions and charges only. If you oppose the claims of the aggrieved in your affidavit as well as in court and can prove it was incorrect, made up a case of Tic for Tat' as the Applicant. You may not be given a conviction of a 2-year ADV.

    If, on the other hand, you disagree and the Judge does place an AVO of 2 years on you in his Judgement, then you are convicted to a permanent ADV of 2 years.

    Any breach of an AVO, whether Temporary or a Full AVO of 2 years, it's a criminal offence. AVO's are made in civil court in Brisbane. A person or a police officer can place you on one and take you to court if you breach it. Whether a person or Police place an AVO on you themselves and you breach an AVO, it is the Police themselves who determine whether they will take you to court and if so you are charged and the Police Prosecutor takes you to court.

    The Aggreived has no say in it. Nor can they stop the police from taking you to court. Criminal Court as it is a criminal offence. AVO's do not affect your job or future employment. They're placed to keep a person away from the Aggrieved and anyone else's additional names placed on the AVO.

    At any time, the Aggrieved can go back to court and change the AVO or have it removed. But to have a 2-year AVO placed on you by the Judge is very serious as they do not do this lightly and the Aggreived really has to justify their danger and safety issues. Otherwise, at best, the Judge will place another Temp AVO and have you come back in 6 wks or 6 months to see how things are going and if there hasn't been a breach and all is well, then a permanent AVO is not placed on you.

    All AVO'S are recorded in the court system. However, no Criminal charges are placed on your record unless you breach an AVO as it is a Criminal Offence, therefore, it will be recorded.

    Hope this helps and this is QLD By rights, it should be the same in any state. If not, police must take action regarding an AVO whether it's made in Brisbane and the offender breaches the terms and conditions in NSW or WA. They will be charged and required to attend Criminal court. Then, if found guilty, it will be placed on their record for anyone to find out, including employees.

    P.S. If you do not understand this, I will place every term and condition of both a AVO 'temp' and a permanent AVO of 2 years for you by QLD standards. However, it is a Federal law but changes within each state is the name of the state it occurred in, so it will have NSW stamps on it and a different code or number in reference to a form but that's it.

    And if you breach AVO orders that are made in QLD but breaches are done in NSW's then the person will attend a NSW court just as if they had breached it in their home state or original place.
     
  3. Hope this helps

    Hope this helps Well-Known Member

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    You do not get a Criminal conviction because you disagree that an AVO is wrong and defending yourself.

    The only way you obtain a criminal record regarding an AVO is if you breach any terms and conditions of the AVO. This is a Criminal offence. Police Prosecutors will take you to Criminal court and if convicted by the Judge, you will have a Criminal charge placed on you and thus have a Criminal record.

    If children are placed on the AVO as well and you do not breach these orders. You have done an unlawful act but not a Criminal Act. So you do not have a Criminal record. Just like if you had 2 speeding fines in one week , these are unlawful acts but not Criminal.

    If you breach any course orders that a judge has made it becomes a criminal offence. Therefore, you gain a Criminal record which will come up and affect employment if your background is checked by an employer.

    If your children are on the AVO and you do not break any conditions then you do not have a Criminal record. Bare in mind- family court orders do over - ride AVO's which is a loop hole that fails the safety of partner and children.

    If family court orders state you can come to the ex partners place to pick up your children for the week and drop them off. Or phone the children and the ex answers it therefore giving the perpetrators a chance to say horrible things but yet an alibi because family law states the perpetrators can ring the children at any time, the perpetrators is not breaking AVO orders ( even if AVO orders terms include- to stay away from residence, do not phone nor speak to ex-partner nor have anything to do with children) family orders override AVO's n therefore are a waste of time. Undo any safety issues for the Aggreived.

    Police can do nothing because Family Law is Federal and Police come under state laws. I personally wish someone can work out this problem as monsters continue to torment, abuse and continue to have access to the aggressive n children if under the AVO.

    Even if the children are fearful and don't want to go or the perpetrators comes round in an aggressive manner, there is nothing anyone can do because the family court says they can come round and have the children n pick them up. This is why AVO's are useless if you have children and they get used as an excuse to torment even the chance to pick them up abuse the children n kill them, let alone kill the ex.
     
    Clancy likes this.
  4. Clancy

    Clancy Well-Known Member

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    They should make it that a judge ordered AVO overrides family court orders, but they should not let any other AVO override family court orders otherwise people can block custody with untested allegations and it will only harm the children in the end.
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    When someone has an AVO on them, especially with specific conditions added to them along with the normal requirements, Family Court Judges should take this into consideration and work with these orders to protect the safety of the children and the ex-partner.

    There are many ways to keep the Aggrieved person/s more safe by having friends, family pick up the children if they are not on the order, hire a professional safety officer to stay with the parent whilst they have access to their children and that is outside a contact centre. Rather than come to the residence, the exchange of children can be made at a public place like a fast food outlet, or if children are under the AVO as well, then the parent has to be supervised by a family member or friend, though this is still dodgy.

    The thing is a lot of males know to devastate a mother is to threaten, turn children against them (mothers do this as well) or what is occurring to the extreme is killing the child/ren. Or the mother. Or mother and children.

    A proper psychiatric assessment I believe must be mandatorily done on each parent and children. This would give insight to the person's state of mind, personality, perception, etc., and determine whether the Judge should order any family member including children to therapy. Children are affected more than adults care to realise.

    It's not a case of making it harder for both parents to access their children but the safety of the children whilst being in the hands of either parent. Or if the child themselves are having difficulties handling the separation and changes that occur when their family breaks up. However, no one not even the family pets are not traumatised by either witnessing Domestic Violence let alone being the victim of Domestic Violence.

    It has a lifetime impact on all who are subjected to it and children pick up bad habits or it come out when they are in relationships with no understanding as to why. Too many whole families or children, a parent are being killed. This is why education and the suggestion you gave to another person ' find a group on how to deal or realise a narc' is fabulous. Not even I knew there were such groups for people.
     
  6. Clancy

    Clancy Well-Known Member

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    There are a lot of false unsubstantiated AVO's going around, and men can just as easily put one on a woman. Do you really want to open family court rulings to be railroaded by all that?

    You need to have someone in authority to clue up to which ones are more genuine (as much as is reasonably possible) and then it certainly should override family court rulings. Possibly it might be a good idea that police can upgrade an AVO temporarily to override family court rulings too if they feel it is necessary. But the problem there is that police don't want to be liable so it would be in their best interest to upgrade every AVO just in case! lol.

    So it all comes back to the judge.
     
  7. Hope this helps

    Hope this helps Well-Known Member

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    Anyone can place an Temp AVO on anyone. However it is was it states - a temporary AVO issued till the court hearing whereby the Judge will determine by evidence or listening to both sides whether the AVO is dismissed or its turned into a Permanent AVO which lasts for 2 years.

    However, everyone just says xyz placed an AVO instead of a TEMP AVO which gives a person time to get a lawyer or evidence and get to the court hearing. If they do not go, then, of course, the judge will most likely put in favour a Permanent 2 yr AVO with added conditions requested.

    Police are state. Family court is federal. Therefore, police can not do anything in regards to Family Court issues . Only Federal Police ordered under the Family law court Judge can be ordered.
    If anyone breeches any AVO conditions whether Temp or Permanent then the police can charge of the own accord.
     

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