Can You Live With Someone Who Has An AVO

April 28, 2023by Naomi Cramer
Can You Live With Someone Who Has An AVO


Can you reside with somebody who has an AVO? 

The defendant doesn’t essentially have to depart the home after an AVO is filed in opposition to them.

Nonetheless, with a purpose to defend the PINOP, a courtroom could impose Extra Orders on the defendant it deems ‘crucial or fascinating.’ 

Extra orders embrace {that a} defendant can’t stay with the protected individual or at a spot written within the order. 

These are a part of the AVO situations.

A courtroom could make this order no matter whether or not the defendant owns the marital residence or they’re the signee on a lease contract. 

 

Apart from Residence, What Are the Extra Orders Relating to Location That the Protected Particular person Can Request?

Based on the Crimes (Home and Private Violence) Act 2007 No 80, extra Orders embrace guidelines about contacting the PINOP, parenting and household regulation, possession of weapons, and the places the defendant can’t go to. 

What places may be a part of the PINOP’s Extra Orders?

There are particular areas a defendant should not go to:

  • Locations the place the protected individual lives or works
  • Their office, and many others.
  • Any web site listed within the extra order.

It means you might be prohibited from visiting the protected individual’s residence, office, or another tackle specified within the extra order.

A specified distance should be averted:

  • Wherever the protected individual resides, or
  • A spot the place they work, or
  • Any of the places listed within the extra order.

In different phrases, you need to keep a sure distance from the protected individual’s residence, work, or different specified tackle.

Additionally, it’s illegal for the defendant to strategy a faculty, childcare facility, or one other place the place the protected individual could attend sometimes.

Inside 12 hours of consuming intoxicating liquor or unlawful medicine, the defendant can’t strategy the protected individual(s) or any such premises or locations the place the protected individual sometimes resides or works. 

 

Can You Dwell with Somebody Who Has an AVO and What Occurs If the Defendant By accident Breached the Extra Order?

What occurs if the defendant by chance goes to the precise location the place the PINOP is? 

The police can cost the defendant with contravening an AVO if the defendant by chance breaches the AVO. 

Nonetheless, there’s one requirement: a defendant should be conscious that they’re breaching the AVO to be discovered responsible.

Let’s say, inside a constructing, a defendant is unaware that the PINOP can also be in there; they will’t be charged with contravening an AVO as a result of it occurred by chance. 

However, if within the occasion the police discover proof that the defendant elaborately deliberate to go to the identical place the place the PINOP is and intentionally hid it as “a mere accident”, then they are often charged with contravening an AVO. 

 

Can You Dwell with Somebody Who Has an AVO and What Occurs When the PINOP and Defendant Get Again Collectively?

Even when the PINOP will get again along with the defendant or initiates contact with them, they could nonetheless violate the AVO. 

At all times do not forget that an AVO doesn’t routinely differ even when the circumstances of the defendant and the PINOP change.

Both the defendant or the PINOP nonetheless has to use for the AVO’s various or revocation to keep away from breaching it. 

 

Conclusion

The defendant doesn’t essentially have to depart the home after an AVO is filed in opposition to them.

Nonetheless, with a purpose to defend the PINOP, a courtroom could impose Extra Orders on the defendant it deems ‘crucial or fascinating.’ 

Extra orders embrace {that a} defendant can’t stay with the protected individual or at a spot written within the order. 

A courtroom could make this order no matter whether or not the defendant owns the marital residence or they’re the signee on a lease contract. 

 

Can You Dwell with Somebody Who Has an AVO?

Our AVO attorneys and practitioners are extremely skilled and educated in household regulation issues, and we’re dedicated to serving to our purchasers obtain the absolute best consequence. 

At Justice Household Legal professionals, we perceive your state of affairs, and we’re dedicated to offering our purchasers with the best high quality authorized recommendation and illustration relating to requesting extra orders to stay individually with the defendant. 



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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