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FORMS - Local Court vs Family Court.

 I am trying to help a SRL from the Central Coast, who is defending an AVO in the Wyong Local Court.

Should we use a Statutory Declaration or an Affidavit ?

Can we later use the same Stat. Dec. in the Federal Magistrates Court ?

[my research so far suggests that Affidavits in the Local Court are only used in Civil Claims.]

Are there any good and simple pointers to forms usage in Local Courts (other than LawLink) ?

John G. 02- 9758 5686.

Last edit: by JohnG

 John G. [Hon. Treas. - Aust Computer Museum Soc Inc.] victim of Anti-Family Court and CSA.

Desperately seeking storage space for Computer Museum, call 02- 9758 5686.

AVOs are a CIVIL matter

As I understand the system AVOs are a civil matter, even if the police apply on behalf of the "Protected" person.

The distinction is made be cause of the different level of certainty required. In a criminal matter, guilt is only established where the evidence is beyond "Reasonable Doubt". In civil matters, the test is "on the balance of probability". In the criminal system an AVO would seldom get made. Therefore the AVO becomes a transitional step in between.

I.E. 'We cannot be certain what actually happened. We will make a court order prohibiting specific actions or activities. If a prohibited act or activity then occures, then we can deal with the breach based on "Beyond Reasonable doubt"'

For me - Shared Parenting is a Reality - Maybe it can be for you too!
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