Family Violence and AVOs/ADVOs
The Family Court takes family violence very seriously and has a very broad definition.
The population in general has become increasingly aware of the problem of violence in families and its impact on communities. We have helped many women in refuges who are trying to protect themselves and their children while going through the Family Court system with their former partners.
Violence Against Women
In one case, which went to the Full Court, we were able to protect the mother and child so that she the violent father was excluded from their lives. She had lost part of her hearing and bones broken throughout her body and face as her husband had violently thrown her down the stairs.
In another recent case, the mother has been allowed to relocate back to her family overseas so that they can support her with her child who has special learning difficulties. Again, the husband had violently and sexually abused her throughout their marriage.
Are Men always in the Wrong?
To protect the mother and her children, the Police will take out an Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO) against the husband or father to protect the victim.
It is important that AVOs are not used as a tool to manipulate the Court. The misuse of AVOs can lead to a very negative psychological impact on children when they are used to ensure that the Father has no contact with the child. It can also have extremely negative consequences for the accused in relation to work and community involvement.
Children and Violence
The Family Court has a very serious view of violence in any form against children. This includes the children being exposed to violence either directly or witnessing parents physically or verbally abusing each other. This can have long-term detrimental impact on the child and parenting orders will take this into account.
While there is a presumption that children have the right to know both parents in their lives, this can be rebutted if there is violence involved.
AVOs and Parenting Proceedings
If an AVO has wrongly been taken out against you, it is important to contest it.
A parent can use the AVO if it has been accepted without admissions, to say that there is a risk of violence towards the children and stop the other parent seeing the children at all.
It is important that parents do not use children as pawns in family law proceedings. Any enmity between the parties should not be transferred to the children who have a right to enjoy a relationship with all the family.
Using AVOs wrongly and unjustifiably can create further difficulties in settling property and parenting proceedings.
LEGAL ADVICE
AVOs are there to protect genuine victims. If you are in a situation where you are frightened to initiate family law proceedings because of threats from your former partner, please contact us immediately so that we can set in train a process to both protect you and to end your financial and legal relationship with your former partner.
If you are the unfair victim of a partner who is using an AVO to prevent you from seeing your children, you are equally able to apply to the Court to assist you in establishing the circumstances of your case.
Contact David H Cohen & Co to discuss related matters or any other legal concerns. You can also pop into our Sydney CBD office on Castlereagh st.
*Articles on our blog are for your information and do not constitute official legal advice