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ADVO - DISMISSED

 I have a question, I had an ADVO dismissed at one court than my wife applied at another court and now we have a hearing in couple of months but no interim ADVO ha been put in place. I have been told my wife wants to come home and I want her home but she wants me to accept the ADVO so she can feel safe and I don't want to as I believe I'm not guilty of the things she stated. Does someone have any advise on 'Undertakings'?

Please help :dry:
In most cases never accept an ADVO. Tell the new case about the dismissed case and that as soon as dismissed she filed again. ADVO can be greatly used in family law to the disadvantage of the individual who the order is against ie you.
Thanks for that, no I wasn't accepting it. i've really had enough of this, my wife is Spanish and she has just got her temp spouse visa, i don't know if she is using this as grounds to get her permanent visa but it is pointing towards that. I really want to sort this out and if she feels fearful I want her not to, as I'm not violent and I have done everything ie, counselling (seeing 2 at the moment), but also want her to feel safe as she puts it. So do you know anything about 'Undertakings'?
Undertakings are when you agree to the same as in the ADVO without having a ADVO. If you break this (or seen as breaking) then a ADVO is usually automatically given. Some courts will not allow undertakings.
I personally would not agree to anything and fight to have nothing if you are not violent as these can be detremental in many areas of life includeing jobs, and personal life.
Use the search facility to read up on ADVO and AVO proceedings on the site. The advice given already by kalimnadancer, is valuable and should be heeded. Undertakings are unlikley to be offered and are a hairs step from an ADVO proper.

How on earth is accepting an ADVO going to make your partner feel safe? Having any orders in place on a piece of paper won't magically change anything. How can an ADVO be brought by the Police in one court , dismissed and then the same case circumstances be brought later on in another? Is this a private ADVO (Not brought by the Police?). Who is bringing these cases? Is this in NSW?

What grounds are being used that suggest she is "unsafe"? Is there some particular reason she feels unsafe? There must be some relatively good reason for this to be bought to attention as people usually don't issue proceedings for no good reason.

If she is living away I assume she has a support network and friends taking care of her currently which is good and therefore everyone has some space in which to try and resolve issues… You need to definitely resolve the underlying problem as to why she feels unsafe before you do anything else. If she feels safe then there is no need for any ADVO in the first place. The issuing of an ADVO against you by your partner spells the death knell of any partnership / relationship and simply entrenches the ill feeling toward each other. You may as well go your seperate ways if all you are going to do is live together with an ADVO hanging over your head. This is not any way to run a relationship.

You didn't say if there are children in this relationship either.

Executive Secretary - Shared Parenting Council of Australia
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The matter is being put forward by the NSW Police, when we had our hearing she didn't turn up to court, she says that she was advised that the hearing date was on 16th Nov, but date was set aside for 16th July and she did a no show. I believe this has more to do with her getting her Permanent Visa, some Domestic Violence Provision thru Immigration, but I don't want to assume that, but everything is pointing in that direction. No i'm not a violent or abusive person, I believe we had a lot of friction and frustration after we got married and the pressure of paying for everything, arguments happened which I thought are normally in any relationship. New date has been set for 26th Oct but no interim was put in place. I don't really understand why myself, her support base has advised her that an ADVO has worked for them, but it really hasn't cause most of them are in torn up marriages. Yes I believe it would change our marriage and thats why  have been looking for solutions. I'm also taking into account she is suffering from mental trauma from her past in Spain and Greece. I have tried every avenue available to reconcile with mediation requests. Seeing a marriage counsellor on my own for the last 2 months, have sent emails requesting for her to attend but to no avail. No children involved. So undertakings isn't a good idea. I haven't been able to talk to her for 2 months and the only point of contact is with one of her friends that hates men due to her violent past relationships, its like i've been hitting my head against brick wall.
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