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Relationship and AVO Question

Relationship Matter

Hi all.  This is my first post and I am unsure where to post in relation to this question.

Summary: I am in my early 30's, and was seeing a girl who was 15, nothing sexual or anything of that nature, just talked and become real good friends and fell in love simple.

Police arrived one day about 1/2 year ago, we where sitting in car as per normal, but once they found out her age they took her to sexual assault unit did all the tests, interviews and took an AVO out against me.

All inquiries where dropped and no charges laid, as we had done nothing, just talked, and a AVO issued for 2 years. The girl is fast approaching 16 and to be honest we have kept in touch but not in person, just via theoddemail and phone call.

Question: Now she wants to come live with me once she turns 16 or there after a month or two later. Basically what I am asking and you may not know the answer: what will or would happen if this does occur and the police investigate?

Do her rights to want to see and be withme be taken into account because she did not want the AVO and has protested a couple of times to the police officer who took it out. He told her she can go to court once she turns 16 and ask for the AVO to be revoked.

Unsure.
Until the AVO expires or is removed, then I'm pretty sure that the AVO will still apply and you would be at risk, perhaps of imprisonment, if the orders in the AVO are contravened in any way.
AVOs typically have an expiry period. It should say on the order. You could wait until the AVO has expired, or she/you could seek to amend the terms by consent.

Unless the AVO either expires, is amended or revoked, both she and you might be breaking the law if she spends time with you or otherwise contravenes the order- she can be done for abetting a contravention

All of that being said, it is in your best interests to be very careful about this relationship - both before and after she turns 16. She might be legally capable of consenting, and she might be very mature for her age. Neither of these things mean that the age gap won't be problematic, or that your friends/family/peers won't make life a bit difficult. Just go into things with open eyes.
Rather sick isn't it that you've fallen in love with someone less than half your age, and underage too. I wish I had someone to take action on my behalf when a man of your age "fell in love" with me when I was 15.

If you have any feelings for this child at all, do her a favour and leave her alone. It's disgusting that you're interested in the first place. make no mistake, you will do her massive damage if you pursue this relationship.
Huge concerns about this one. However, I summarise as follows:
  • Other posters are spot on. The AVO stays in place regardless of the perferences of a child. And so it bloody should. If the AVO went on at age 15, then her attaining the age of 16 is irrelevant to your ability to see, approach, communicate with or have a reltionship with the child. She may be able to request the terms of the AVO be varied or set aside at age 16 - I don't know.
  • You have just admitted, in writing, that you have repeatedly breached the terms of the AVO by continuing to communicate with the child notwitstanding the issue of an AVO against you. Not clever.
  • You are already the cause of a 15 y/o girl being medically examined for sexual penetration and an AVO being issued - how positive is your influence in this girls life… really?
Parting suggestion - Why don't you leave the 15 y o child alone before you wind up on the Child Sex Offenders list? If and when the child attains the age of 18 and decides that the social recrimination of 'going out' with a 40 y o isn't too much, then by all means, shack up. Somehow I think things will be very different by that time because the undue influence I suspect you are exerting (consciously or not) wont quite have the same impact it does now.

Do the right thing.

- Zer0ne -
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