Australian Journal of Family Law, Vol. 24, No. 3, pp. 313-336, 2010
38 Pages Posted: 2 Feb 2011
Date Written: December 1, 2010
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: 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