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Vexatious AVO

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Good evening all,

I'm going through a situation at the moment that is causing me a great deal of stress and also costing me an arm and a leg to defend.

Last week I was served with a temporary protection order. The applicant is my ex's new partner who has made the most outlandish, bizarre and completely unfounded claims against me. They have said that they saw me in a dvd shop and I entered the same store and stared at them. The application then goes on to state that they felt intimidated by my presence and they quickly left to avoid who knows what.

There is an extremely long winded version of events such as when we crossed paths, exactly where outside the store we first crossed paths and I am then to have supposedly followed the applicant into the store to intimidate them

Firstly I did not intimidate them but most importantly - I did not even see this person there! I do remember being at the dvd store with my friend that evening and I paid for the dvd's. I am also a member and I have a habit of being in that store on the same night (Friday or Saturday) every fortnight at least, it is my local store.

Now I have to defend this because I will not agree to anything at all - no undertakings, no admissions without guilt. I did nothing wrong.

Also of interest is that we are in the process of Family Law proceedings and I believe that this application is a way for the other party to attempt to gain an upper hand in those proceedings. As I'm sure most of you know, the 'Amendment (Family Violence and Other Measures) Act 2011' has now come into effect as of 7th June so having a protection order of any sort could harm my case and certainly cause some questions to be raised by the magistrate.

I was wondering if any fathers on here have had a similar experience and have defended the making of such an order and most importantly - BEEN SUCCESSFUL?

I would really appreciate some feedback, tips and just hear your stories so I can get an idea of what I'm up against. I have a fairly strong case but am concerned the magistrate may err on the side of caution and just grant the order. I certainly hope not. It does not make sense to me and while I know I've not done anything wrong, I know all too well that the outcome is often disappointing for the respondent.


Never concede or accept


Personally, I never realised how dire the potential consequences of having an AVO/DVO in place against you were.

That was, until I started to spend a lot of nights & at one point a month in a maximum security prison.

It is an extremely bad place to be in, when all that is required to have an order made against you is the word of one person who tells the court you have made them feel fear. If that person then has someone to corroborate their version of events, YOU must do everything you can to counter it.

The use of AVO's/DVO's, is well known. Given the legislation & the process/procedures used to manage them, the system is wide open for abuse. The courts can & do put them in place & there are more then enough police officers out there who will 'enforce' them.

If you have someone who knows the situation & cares for you enough. You need to seriously ask them to give a statement/evidence of there version of events, which clearly & specifically denies or makes the allegations against you impossible to have occurred.

That is to say that person WAS with you at the video store & the parties making the allegations were not there and therefore the allegations can not be proved beyond a reasonable doubt.

It is not about truth or justice. Do not fall into the trap of 'I've done nothing wrong, so as long as I tell the truth it will be ok'. Because in an instance like this. Integrity & honesty may see you spending time with those that are incarcerated for a good reason.

Just my 2 cents…
Thank you for your reply Simplytryingdad,

What a nightmare this all sounds and is so worrying for us all. This is one of my big concerns - that the order is made final and then I'm open to breaches if I cross paths with the applicant and they report it and shed a few tears etc. Then of course, the ramifications this would have on family law proceedings if I'm seen to be the sort of person who needs to have an order made against them. Where there's smoke there's fire right?

Right-O, so I have my friend who will write a supporting affidavit/stat dec (not sure which is the correct one?) to explain exactly what happened when we went to the dvd store i.e. Ordered fish and chips first, went to get dvds from store, back to collect fish and chips then walked back to my friends car and drove home. Did not see the applicant at any time and as such did not have any opportunity to harass/threaten/intimidate etc.

I'm sure I could get something from the lady at the dvd store too if needed. She knows me as a regular. Not sure what she could say other than I was there and everything was normal. Might not be worthwhile though or just a waste.

Thanks again for getting back to me mate.

Evening Parentof3,

Given there will be a hearing. Safest bet is to have your friend there & for you to be able to call them to give evidence. Which is very different from asking someone to write a statemement…

Over a 6 yr period I had over 70 complaints, 30+ charges, a total of 46 days in prison or holding cells. For a total of 2 convictions. Having initially engaged a solicitor & barrister for each hearing, breach etc. along with ongoing family law matter. I ran out of resources.

The thing that really angers me. That the she devil & her various scum bag associates. Can be shown on the stand to have provided false statement & evidence on the stand. But have never been dealt with for perjury..

No point taking civil action against them, because they have nothing.

A complete joke.

Fight fire with fire.

It's a very long hard road.

As Winston said "when you are going through Hell. Keep going".
There was an article in the recent edition of the Law Society journal about AVOs by a barrister called Mario Licha - give him a call. Just Google him. He is geared up to helping men.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
monteverdi said
There was an article in the recent edition of the Law Society journal about AVOs by a barrister called Mario Licha - give him a call. Just Google him. He is geared up to helping men.

Mario saved my backside in 2008 and made my ex look like a lying Trollope in court. I learnt a LOT from him…  He comes HIGHLY recommended, as for the AVO/DVO.. fight it, my ex took eight out on me in nine years and i beat every single one of them.  DO NOT concede this without admissions…  
Unfortunately, you're not alone.
After separating in January 2011 I waited all this time in hope to find a way to work out a parenting plan or something similar. Of course, I wasted my time, because in August this year I told my ex that I have enough, and that I will go to court (mediation failed and I have Cert.). All of a sudden she turned silent, by not responding to emails, SMS and visits until one night at 0.55am the police knocks on my door to hand me an ADVO. I can't see my ex, not can I see the kids. I don't care about her, I want to see the kids. What a coincidence that after three years of (apparent) threats towards her, she finally goes to police to claims how threatening I am towards her and the kids…….. Of course AFTER I told her, that I will go to court to get access to the kids.

Tomorrow is hearing, please pray for me, I need all help I can get as justice is not about justice, but who's got the better arguments (not who's right)…. :(
Yep I've got an interim ADVO at the moment which got taken out (by police) on the flimsiest pretext imaginable. I drove past my ex's house and when I saw my daughter in the yard I told her I love her. Yep, that triggered an ADVO application against me.

Anyway, that was back in March. I've been before the court no less than five times since on that matter, self-representing each time. Last time we had a hearing (this was June/July) and I thought it was going quite well, cross examining their evidence and that of the police, as well as putting my own witnesses on the stand. After about 3 hours of this His Honour asks where things are at in the Family Court. I tell him that a family report will be done in November, so he adjourns the hearing until December… thanks very much, another 5 months with an interim ADVO over my head… meanwhile the ex has moved away from the area with my child and is not telling me where they are living, in breach of the existing Family Court orders, and all I get is fortnightly contact centre visits with my kid.

So yeah, I sympathise with you Parentof3 and BDITW, and I really feel for you Simplytryingdad you've really been through the wringer.
Like the rest I all all the weapon of family law used against me

Silver Bullet - Claims of Abuse - AVO
Big Guns - Claims of Abuse against the children   - Form 4
Nuclear Option - Sexual abuse against the children

For the first AVO I did not know any better and during a mention, I asked the magistrate how long the order would be for she said until September and my ex objected and so the magistrate made it to December.  I was sick of dealing with her and if went to trial, I would have had to travel 7 hour to the court she filed the AVO in.  I just accepted it without omission I did not know better back then.    The day on AVO is expired, the police are knocking on my door with another AVO  despite the fact I have not seen that person for almost 10 months.  This time I told the magistrate I would just make and undertaking along the lines of the AVO and the mother accepted that.  She knew if I wanted to fight it I would have won. 

When it came to claim of sexual abuse, what really get under my skin is when I was reading the subpoena documents and in the police report, the investigator stated that the the mother was coaching the children to make the claims.  Yet DCP and the police took no action against the mother.   
Mario is definately the advocate to help out in NSW

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Bruce Wayne said
Yep I've got an interim ADVO at the moment which got taken out (by police) on the flimsiest pretext imaginable. I drove past my ex's house and when I saw my daughter in the yard I told her I love her. Yep, that triggered an ADVO application against me.
Is that an "Application for an AVO" by the Police served on you OR "An interim AVO ordered by the court.

The application is simply that, an application and nothing more. It does not have any weight but obviously you would be silly to do the things it sets out that you should not. If the Police continue to bring it back and will not settle the matter where there is little or fabricated evidence then immediately seek orders for costs against the Police. I suggest that if they cannot get the Magistrate to be convinced the first time up and wish to continue to bring matters back then pay for it. There are far to many AVO matters that are coming back time and time again with little evidence, flimsy, fabricated and fallacy being provided to the Police who are not able to convince the Magistrate but hold out the every pending carrot that they are gathering more evidence.

Surely if an AVO is clearly warranted and evidence is available then it should be made, but to bring the same matter back month after month is entirely unsatisfactory and the Police should have to recompense the respondent.

Executive Secretary - Shared Parenting Council of Australia
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