Download this Paper Open PDF in Browser

The Views of Family Lawyers on Apprehended Violence Orders after Parental Separation

Australian Journal of Family Law, Vol. 24, No. 3, pp. 313-336, 2010

Sydney Law School Research Paper No. 11/13

38 Pages Posted: 2 Feb 2011  

Patrick Parkinson

The University of Sydney Law School

Judith Cashmore

The University of Sydney Law School

Atlanta Webster

The University of Sydney Law School

Date Written: December 1, 2010

Abstract

This article examines the views of 40 family lawyers, 20 men and 20 women, about their experience with apprehended violence orders (AVOs) in New South Wales, Australia. There was widespread agreement that AVOs are sometimes used for tactical purposes in relation to family law issues, with the majority of the lawyers considering this happened with some regularity. Few of these lawyers thought that other family lawyers encouraged tactical AVOs, and none acknowledged doing so themselves. They also reported that typically AVOs are sought without legal advice and assistance. Family lawyers expressed a range of views on the threshold at which it is appropriate to seek an AVO, and the difficulty that might be experienced in persuading a magistrate to grant one, particularly in a defended case. None of the lawyers who responded to the question believed that the family courts gave AVOs much consideration in determining parenting disputes. Courts were more persuaded by the actual evidence about the violence.

Keywords: Family Law, Domestic Violence, Restraining Orders, Legal Profession, Parents, Children

JEL Classification: K10, K30

Suggested Citation

Parkinson, Patrick and Cashmore, Judith and Webster, Atlanta, The Views of Family Lawyers on Apprehended Violence Orders after Parental Separation (December 1, 2010). Australian Journal of Family Law, Vol. 24, No. 3, pp. 313-336, 2010; Sydney Law School Research Paper No. 11/13. Available at SSRN: https://ssrn.com/abstract=1753404

Patrick Parkinson (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Judith Cashmore

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Atlanta Webster

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Paper statistics

Downloads
193
Rank
134,863
Abstract Views
827