GlenAlvie
New Contributor

Unfair AVOs

I can’t believe if a mother makes false allegations against a father . The police just accept the allegations with out any investigation as to validity. Then your in the court system and if you can’t afford to go to hearing you a deemed guilty and you can’t see your children.  It’s so wrong and needs to be changed. What happened to the assumption of innocence 

1 REPLY 1
MJG017
Senior Contributor

Re: Unfair AVOs

Hi @GlenAlvie, welcome to the forum.  Sorry to hear what you're having to go through.  I don't have any experience with it myself, but I've hard similar stories from other people.  It's hard to imagine how difficult it must be.

 

I did find a few online resources that may be helpful.  You've probably been trough it all already, but there maybe something.

 

https://mothersofsons.info/false-accusation-charges/defending-violence-orders/

https://astorlegal.com.au/false-avo-claims/

https://justicefamilylawyers.com.au/avo/how-do-you-defend-yourself-against-an-avo/

https://lylawyers.com.au/blog/false-avo-claims/

 

I realise they're all lawyer websites and you did say the cost of defending yourself is a major issue, but there may be some ideas in there about what you can do and what you're rights are.  I'm going to assume a lot of the options involve lawyers.  Which as always, make it impossible if you cant afford them.

 

The best of luck to you.