NT what if a DVO was issued and I took back the abuser?

[nkw19]

A DVO was issued protecting myself and my son from his father. But we stayed in a relationship trying to make things work with the DVO in place. it is now 6 months later, the DVO is still in place and another domestic incident recently occurred. Baby and I were forced to move interstate with family BUT even after the last huge incident, I tried to maintain a relationship anyway in attempt to keep a father for my son.

It has been less than one week since then and we are no longer together, but I am still in fear of him. Does anyone know what my rights are from this position?

 

[Tremaine]

Not really clear what rights you’re asking about, here. Regarding the validity of the DVO? Regarding the child?

 

[nkw19]

Not really clear what rights you’re asking about, here. Regarding the validity of the DVO? Regarding the child?

Yes regarding validity of the DVO. Sorry for lack of specifics.

 

[sammy01]

The rules stipulated in the original avo still apply.

 

[MattSAU2XR8]

Sounds very much like you will never be physically safe in this mans presence. Since it sounds like he was violent toward you before the police became involved, and then afterward as well. So fair to assume that if you are ever in his presence without police to security or at least someone larger or better armed than him then you are not safe. Food for thought...

Sounds like you are not concerned for your son's safety? Hopefully not. That said sometimes there is violence from one partner to the other without children being at risk of physical harm. It seems that if he were to see his son then you'd either want to do the handover at a police station, or have supervised access in the presence of a court appointed supervisor. Depending on the child safety, as opposed to mother safety angle.

Presumably you have a copy of the original DVO? I don't think they last forever but presumably if he breached it in a violent manner then he should already have been breached? If unsure and are in a new state why not attend a local police station for advice. If you are in fear of him even in another state this sounds like he has either a very long reach, or is very motivated?

 

[sammy01]

Or these two people argued, the cops got called and an AVO resulted. They tried to make the relationship work and had another argument.... Mum has now unilaterally removed the child from the dad's life. Remember, dad has not been found guilty or convicted of any crime here. All we have is the perspective of ONE parent.

The original poster finished with a question about her rights.... Let me tell you about the rights of the child.. The law works under an assumption that the child has a RIGHT to a meaningful relationship with both parents.

Your ex partner has a right to take you to court and seek an urgent recovery order. You had the right to report the breach of the avo to the police. Why apply to have an avo then not use the protection it provides?