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Does the named person have to leave the house?

The police have been called to my house on a number of occasions because of domestic disputes. My de facto has a history of violent behaviour and lately has been taking it out on me. The last time the police came they said they wanted to apply for an AVO for me. I’m worried about my children because he is their dad. He says he wants to get help and do an anger management course. I don’t want him to leave the house. I just want the violence to stop.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
View more Q&A on:
  1. AVOs & VROs
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Forbes 2871 NSW

  •  An AVO does not mean that the named person has to leave the home.
  • The parties can decide to stay together and live in the same home.
  • The orders of the AVO are still the same and the named person must abide by them at all times.

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