Author: Phillip GibsonCriminal Defence Lawyer Phillip Gibson at our Sydney Office

Represented by Phillip Gibson, Accredited Specialist Criminal Law

The facts:

The husband and wife had separated. Family Court proceedings were on foot.  It is widely known that one party to Family Court proceedings sometimes resort to taking our an Apprehended Violence Order to gain some advantage in the Family Court.  In this case, an argument took place and the Police were called. A Provisional AVO was taken out which affected the husband’s ability to see his children and prevented him from attending the matrimonial home etc.

The Result: Orders amended so that only the statutory orders remain preventing him from assaulting, molesting, harassing, stalking or otherwise interfering with his estranged wife.  The argument hardly warranted such an order and goes to show just how easy it is for one party to sling mud at the other to get an AVO.  It is however acknowledged that there are a great number of legitimate cases where an Apprehended Violence Order is warranted and appropriate.  It is not conceded that this was one of those cases.  An AVO can be entered into without admissions – the risk is that if the person seeking protection lied to get the interim order or provisional order, there must be some residual concern that they might do it again and claim that the accused contravened the AVO

There was no evidence that would warrant the husband from being prevented from seeing his children.