NSW Removal of AVO from records

[BLT 1981]

Hi Everyone

I am really hoping you can again help me here. In February 2013 and AVO in NSW was taken out against me for the protection of my ex and our 3 children. I could not contact them and only through lawyers. In February 2014 is expired after 1 year.

In May 2013 my ex started Family court proceeding against me in the Federal Circuit Court" In late 2015 it was moved to the "Family Court of Australia"

August 2016 I got final orders 11 days after the hearing (very quick) One of the findings was their was no family violence against my ex or the children. The judge was very concerned about the length of allegations against me and lack of evidence.

Armed with the Judge's reasoning can I on principle use this to clear my name. Is it possible to go back to the court where the AVO was issued, provide this evidence and have the AVO completely removed from records?

I understand in principle the AVO is long over, however their is always a paper trail and now that I have the proof the violence never existed, I just want to clear my name. My Ex will always scream "he's a violent man because he has had an AVO against him"

I did contact the court where the AVO was taken out but they told me it is over and cannot be contested or opened in any way. Why not? The AVO was granted under dubious circumstances and I have a Judge from the Family court who came to these conclusions over a 4 day trial.

I can accept the AVO was a tool to extremely limit my contact with our children for nearly 4 years. The interim order made 7 months after the AVO only allowed for 1, 2 hour supervised visit a month with our children in a contact centre.

For what is is worth I got very good parenting orders from the Family Court of Australia considering my circumstances and have fully unsupervised time our children.

This would help with closure for me if I could clear my name.

Thanking you in advance

BLT

 

[AllForHer]

An AVO can't be reopened or contested because it's not a criminal matter, you wouldn't be 'clearing your name' of anything because an AVO isn't a criminal conviction.

What impact is the 'paper trail' having on you? Any?

 

[Amar Mashruwala]

A paper trail would have impact, wouldn’t it? If he applied for a job that required a police check, it would show up in a police check history ? Or if he had to apply for a overseas travel visa such as a US visa, it would show up ? Or show up on a working with children check ?

 

[Scruff]

An AVO doesn't normally show up on a National Police Check, but because children were on the AVO, it will likely negate any chance of passing a Working With Children Check.

 

[Amar Mashruwala]

An AVO doesn't normally show up on a National Police Check, but because children were on the AVO, it will likely negate any chance of passing a Working With Children Check.

what if children were not on the AVO? Will it still show up in a national police check ?

how about working overseas ? Does an AVO affect immigration to the Other countries such as the US ?

 

[Scruff]

what if children were not on the AVO? Will it still show up in a national police check ?

I'm not sure, but I don't think you can pass a Working With Children Check (WWC) if any AVO has been issued, whether children are on it or not. WWC checks are mostly conducted by state authorities under state legislation. Like all of these types of checks, the relevant authority obtains your history from the Australian Federal Police (AFP) and possibly other sources. For the AFP, the reason for obtaining your history determines what they are required to disclose under the relevant legislation.

AVO's don't normally show on a National Police Check (NPC) - they usually only show convictions. BUT - as stated above, the AFP determines what to disclose depending on the reason for the NPC being obtained. So some reasons, such as immigration or applying for a teaching job for example, will include more info on the NPC.

You can find more info at the AFP web site:
AFP - Criminal records
AFP - Criminal records - National Police Checks
AFP - Criminal records - Spent Convictions Scheme
AFP - Criminal records - Frequently Asked Questions