The Forum > General Discussion > what is the use of A.V.O's?
what is the use of A.V.O's?
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Posted by TurnRightThenLeft, Friday, 25 July 2008 11:46:07 PM
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I've been on the end of a DVO that was specifically taken out to try to bolster a custody case. I was prevented from seeing my children for 7 months because the DVO process takes so long to get through if the party being served wishes to dispute the matter. During that time, my ex made 2 false claims of breaches, which both resulted in a visit to me from police, despite the fact that it was only an "interim" order at the time and she was only claiming to have seen me near by (I hadn't been there on either occasion). After the second visit, the copper involved told me they were intending to write the ex off as a troublemaker and they never came back. I don't know whether she tried to get them to come out again or not.
Mypoint is that we only have Lilya's version of this matter. It may be that police have looked at both sides and basically decided the complaints are not worth pursuing. My experience was that they'll issue an interim DVO on no grounds, but will require proper evidence to act further. It's not enough to simply make the claim without that evidence, fortunately, despite the best evidence of the "women's" groups to make it so. It seems to me that the lady involved could easily collect evidence of wilful or malicious damage, in which case the police would be on it like a pack of dogs on a wounded pig. That they haven't been, suggests there is more to the tale. Posted by Antiseptic, Saturday, 26 July 2008 8:14:18 AM
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BTW, Gibo, get some therapy. Your hallucinations are becoming ever-more pervasive and obviously debilitating.
Posted by Antiseptic, Saturday, 26 July 2008 8:17:07 AM
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Antiseptic, I don't know if you noticed but yvonne commented on how they have been used and abused. http://forum.onlineopinion.com.au/thread.asp?discussion=2006#41460 When they are abused like that real claims are likely to slip through because it's hard to tell whats real and whats not. A point I've been trying to make on another thread re claims of child abuse being ignored.
I considered the point you make about us only having one side of the story early on but for most OLO situations thats the case. Lilya's not asking for direct involvment here, rather for advice. If it's a false claim then the advice given is not likely to help, if it's real then I'd not like to treat it as false just because. From my limited experience (the delay I faced in getting a breach of residency orders dealt with) the processes sometimes are completely unworkable. R0bert Posted by R0bert, Saturday, 26 July 2008 8:38:53 AM
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R0bert, I'm not suggesting it's a false claim, merely that there is more to the story than we are being told. I recognise that sometimes ex-partners go off the rails, as do the police and if there is so much physical evidence it seems unlikely that the police have done nothing to intervene. The OP should be aware that if the police intervene, the complainant may not be made aware of their actions, as they won't tell her because of privacy issues.
Your own situation with respect to a breach of residency orders is quite different, as the Family Court orders are enforced by Federal, not State police and there is a famous lack of willingness on their part to get involved, even when there is a clear breach. even the FCA is reluctant to enforce their own orders by punitive means when mothers withhold children from fathers. Posted by Antiseptic, Saturday, 26 July 2008 9:11:03 AM
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Dear lilya,
Your sister needs to get in touch with a lawyer who specializes in this area of law. Is she's in the Sydney area - The law firm of Ryan & Bosscher Lawyers, located at - Level 1, 255 Castlereagh Street Sydney NSW 2000 Tel: (02) 9266-0708. Would be a good starting point. The first Consultation is usually free, and if she isn't impressed with them she doesn't have to proceed. I got them from the following website: www.aussielegal.com.au/informationoutline~nocache~1~SubTopicDetailsID~948.htm Check it out for yourself. Good Luck. Posted by Foxy, Saturday, 26 July 2008 6:35:46 PM
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Give your witchhunt a rest. Seriously. Learn to turn the other cheek, live and let live, or whatever biblical reference you need to stop abusing people who have different beliefs to you and derailing topics with your insanity.
Steel, no doubt in some cases you're right, but in plenty, that's way off. You say 'the solution is for the abused to take some responsibility and leave the abuser' but in many cases, they try to do precisely that, which provokes ongoing violence by an ex who didn't react very well.
From the little information here, this appears to be the situation with lilya's sister.
The only real concrete suggestion I can make is having friends and family around, as it means there are more witnesses.
Maybe she can perhaps talk to her neighbours as well and inform them of the situation? Maybe they can help too?