Warshawski
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Just a comment re the AVO-
I’m not in NSW but in all my years of working in foster care and kinship care, I have never heard of an AVO being taken out against a carer when there has been an allegation (of any kind) made against them. I doubt they would have done so if it wasn’t for the backdrop of WT’s disappearance.
What normally would happen in my state at least is that a police special child abuse team would be involved to interview the child, potentially lay charges (though again I have never seen a case where what was alleged to have happened led to charges- the majority of physical abuse allegations I dealt with were smacking which carers are not allowed to do).
The child can be removed regardless of the police’s involvement or subsequent action- the level of evidence required is lower than what is required for court. It’s a matter of determining the ‘likelihood’ that it happened, so Eg. Was there a witness, injuries, do the stories match up etc. the police can also take quite a long time to investigate and lay charges so sometimes it’s a matter of urgency to remove the child before the police get around to doing anything formal. Hypothetically the presence of a bruise and information from the child to indicate that it was caused by a carer would be plenty of evidence to remove a child, so an AVO isn’t generally necessary.
Hi Stranger & thanks for sharing your experienced info.
Imo the AVO was not simply to remove LT from the FF home.
Conditions of an Apprehended Violence Order (AVO)
Mandatory Order:-
- The defendant must not do any of the following to <protected people>, or anyone <she/he/they> <has/have> a domestic relationship with:
B) stalk, harass or intimidate <her/him/them>, and
C) deliberately or recklessly destroy or damage anything that belongs to <protected people>.
Additional Orders:-
Additional orders can be sought depending on the circumstances, for example:
Restrictions put in place against the Defendant:
- No longer allowed to reside at the family home
- Not allowed to contact the protected person except through the use of a lawyer,
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and locate the Protected Person.