hi to all, and thanks again for your comments and suggestions,so far most of whats been sugested has been tried, but that dosent mean i dont apreciate the input, i suppose at the end of the day i was just finding it hard to believe that the system is flawed the way it is, and because we are a family that has never dealt with this sort of thing before, we rather naively thought it would be something that the police could control or fix, or even worse, that lawyers could fix, ha ha ,,but we live and we learn, and sometimes its the hard way, but all lessons good or bad can benifit you eventualy.

also i just like to say im sorry if i unintentionaly sparked off some sort of religous conflict,,even though im all for a good intelligent debate, i didnt mean to ignite any animosity between people..and as far as the comment about a male figure perhaps being a scare tactic, yes i do agree with that, only because people like him are cowards and rarely chalenge those they cant defeat, but unfortunately our father is 90, and even though he still thinks that he could "whoop his arse", his words, ha ha ,its not an option, our brothers are both interstate, and my son, who would LOVE to be here and "smack the crap outa him", (his words not mine), is in the defence force and serving overseas at the moment,

but still its been a comfort to me to hear every ones comments and suggestions, and YES its probably not the right site, but this is the one i chose...with thanks, lilya

Lilya, despite what you've just written, I still think it's in your sister's best interests not to give up on the police or even lawyers. The law is not "necessarily" as set in stone as some believe. Even police constables, police commanders and experienced lawyers can have flawed interpretations of law, and accordingly not act. Without knowing the full details of your sister's case, I suspect you've been given flawed information and advice. Please don't accept any one police officer's (or police station's) or lawyer's advice on this matter.

Please be pro-active and take the matter as far as possible. Sometimes in times of crisis, when you think you've reach the end of the road, you really haven't. It takes perseverance and courage. Your sister probably needs much better legal representation than she's currently receiving.

lilya, you did not spark a religious conflict, that ones an ongoing brushfire which springs up all over the place. I suspect that any animosities were pre-existing. Don't fret about it and for my part I'm sorry it intruded on what is an important issue. A debate that can be fun in the right place but this thread was nbot that place.

Cheers
R0bert

Good evening LILYA...

I'm a retired copper (28 years service) and regrettably, there's not a real lot your sister can do.

You say his correct residential address is NOT on his D/L ? Take a note of his Reg. Number. Also, does she know where he works? I'm very sorry LILYA, I didn't read your 'post' as carefully as I should.

I believe you stated that a AVO has been served on him and I presume it's still current? The 'plaint' usually provides a little more information (other than the basics) when the 'information' is originally sworn.

Perhaps there may be further material therein, that may point to alternate whereabouts of this guy.

Unfortunately in these matters, short of giving this bloke a thorougher talking to, there's not a great deal that can be done. Whatever is alleged, he'll simply deny !

My advice to your sister is - keep well away from him if possible (I recognise it's very very hard, particularly if he comes to her place of abode); she should try NOT to antagonise him under any circumstance either. Should it be necessary to speak with him in person, she should try to have someone with her in order to corroborate what's said and done. And try to meet on neutral ground, if possible.

Fellows like this bloke are generally not looking for a fight. Rather they're looking for a victim. The more he's 'given his head', the more confident he'll get ! Thus he'll become careless.

Look, I realize I'm no help to your sister. For that I sincerely apologise, to you and her. But please tell her whatever she does...she MUST try to remain safe ! No false bravado or heroics...just stay safe!

In some domestic issues, when a woman gains the advantage in a verbal exchange, some men in order to compensate, will resort to physical violence to make up for their verbal inadequacies. Best is to let him have his say, and as I said earlier, DON'T antagonise him...let him 'win' his point/s, but remain safe ! Good luck to your sister.

I see no reason why the police can't act. If he breaches an AVO, and there's a witness to that breach, then he can be arrested for breaking the law. It's also the duty of the police, under the circumstances, to locate him.

Something sounds not quite right here, otherwise the police should have acted. My sister's been married twice, and had an AVO against her first husband. He was arrested 3 times for breaching it, and was eventually jailed for a short time over the matter.

'evening to you SAMSUNG...

Of course you're quite correct, in principle. However, neither you or I are in receipt of all the facts, and my comment is essentially based prima facie on the short facts so furnished herein.

LILYA indicated there was a problem locating this fellow. It is assumed there were no witnesses who saw him breaching the AVO. You can be assured there's a distinction between the theory and practice in all police protocols.

You 'front' a bloke before an SM and you've NOT established your criminal proofs sufficiently, when you 'jump the box' you'll probably lose a bit of skin and bark in the process, these days at least.

If there were witnesses to a clear breach of an AVO, the coppers WILL lock him up, believe me.

Apropos, your assertion that police "...have a duty to arrest..." or words of a similar nature...police use a lot of discretion prior to arresting an offender for ANY offence, and just one of those considerations is, 'the continuance of the offence'.

As I said earlier SAMSUNG, there's often a broad line of demarcation between the theory and the practice in this business, and you're quite correct in principle.