Navigating the Timing of Domestic Violence Orders in Custody Battles (Avoiding Case Sabotage)
In the realm of Australian family law, understanding the differences between Apprehended Violence Orders (AVOs) and Domestic Violence Orders (DVOs) is crucial for those seeking protection from violence or abuse.
An AVO, or Apprehended Violence Order, is a court order designed to protect individuals from violence, intimidation, or harassment. It comes in two main forms: the Apprehended Domestic Violence Order (ADVO) and the Apprehended Personal Violence Order (APVO).
An ADVO is issued when the parties involved share a domestic relationship, such as intimate partners, family members, carers, or people living together. On the other hand, an APVO is applicable when the threat or violence comes from someone outside a domestic relationship, such as a neighbour, co-worker, or acquaintance.
A DVO, or Domestic Violence Order, is specifically related to situations involving domestic violence or abuse within a domestic or family context. It is a legal protection issued by a court that imposes conditions such as no-contact orders, prohibitions on approaching the victim, and sometimes requirements to leave the family home.
When it is essential to apply for each order depends on the nature of the relationship and the violence or threat involved. Apply for an ADVO or a DVO when the issue involves domestic violence or violence in a domestic relationship. This includes situations involving partners, family members, carers, or people living together. Apply for an APVO when the threat or violence comes from someone outside a domestic relationship, such as a neighbour, co-worker, or acquaintance.
Judges in family-law cases prefer hard evidence over affidavits. Before filing for an FVO, gather police reports, medical corroboration, and preserve digital trails. Opposing counsel may question the authenticity of forged or conveniently truncated evidence. Threats to take children interstate or overseas, especially if passports have mysteriously vanished, are red flags.
Safety is prioritized by courts, especially since May 6, 2024, with child safety being the top consideration. Withdrawing a complaint mid-hearing can be interpreted as fabrication. Misusing an FVO can lead to costs, credibility damage, and loss of parenting time.
Since May 6, 2024, Australian courts have a streamlined list of best-interests factors that prioritize family violence. The old presumption of equal shared parental responsibility is no longer valid.
In summary, an AVO covers both domestic and personal violence situations depending on the relationship, whereas a DVO specifically addresses protection from domestic violence. Applying for the correct order depends on the nature of the relationship and the violence or threat involved. Both orders are crucial tools for protection and can be applied for through the courts or by police if there is immediate risk. The orders are enforceable nationwide in Australia, ensuring protection across state lines.
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