Has anyone applied for an AVO and it not be granted, making the situation worse? I want to leave my husband after years of lies and now reoccurring drug use (ice). He has said he would take the kids if i ended the marriage and I am thinking about an AVO to stop this from happening and to keep us safe, but if it isn’t granted in court it will be disastrous.
6 Replies
You could equally just withhold the kids until he sorts out court orders. You just let him know he'll have to prove himself clean. Put it on him to sort it out and he most likely wont, or wont pass tests anyway.
Get legal advice on stop him having the children. Document everything.
If he’s on drugs. Then he probably won’t. Even matter anyway or turn up to court to fight for them. You need to be careful pack your things get everything you need and find somewhere safe to go and cut contact with him, get yourself a P.O. Box and mail redirection set up first so no mail goes to him with any of your info. Ring domestic violence helpline and tell them your concerns. Go to legal aid and speak with them to see if you can get something in place so he can’t just take the kids. Once you take the kids, he will need to provide evidence that he is clean and go through court to see them, most of the time addicts won’t bother. The main thing is once you get out, you have to cut any contact with him and speak to no one who knows him. You can’t risk him finding you. Get your avo on also speak to the police have it all in place and get it all done ASAP but get out and get far away that you won’t bump into him with the kids.
You need to have evidence that you or the children are at risk of harm for an AVO to be granted. Drug use and threats to withhold children would not be enough for an avo to be granted. Also if you go down the track of family law, a family law order overrides an avo. Unless of course there are extreme safety issues. If you do ever get a family law order, you may find his drug use again may not be enough for him not to have care of the children generally they’ll add a clause “not to consume drugs in the presence of the children or while the children are in care” something along those lines. You also need to be able to prove that he is a drug addict, here say would not be enough evidence. Of course if there has been any history of family violence than yes an avo would be granted.
Just make sure you have all your evidence, go and see or speak with a domestic violence service first - call Policelink to get you in touch with someone to help if you need to. I applied for one after I left and I didn’t provide enough evidence so it was adjourned for me to seek advice - he thought he won and was so smug, I went back with evidence and it was granted. Make sure you do it before court, I did it after and because there was no order he was given 50/50 and my life is hell.
Just make sure you have all your evidence, go and see or speak with a domestic violence service first - call Policelink to get you in touch with someone to help if you need to. I applied for one after I left and I didn’t provide enough evidence so it was adjourned for me to seek advice - he thought he won and was so smug, I went back with evidence and it was granted. Make sure you do it before court, I did it after and because there was no order he was given 50/50 and my life is hell.