The highly publicised separation of former television presenter and model Kelly Landry and Sydney to Hobart winner and accountant Anthony Bell, has highlighted that there is a benefit in defending applications for Apprehended Violence Orders.
Ms Landry alleged that throughout the marriage she was subjected to verbal abuse and family violence at the hands of Mr Bell. Ms Landry alleged that Mr Bell would make comments to her such as “you are an amazing mum, but you are a shit wife”, Ms Landry also alleged that Mr Bell controlled her financially and physically assaulted her.
In January 2017 the Police applied for an Apprehended Violence Order against Mr Bell in protection of Ms Landry, and an interim AVO was granted. Mr Bell denied the allegations and the matter was heard in the Downing Centre Local Court, Sydney.
On 18 May 2017 after a one hour judgement, the application for the AVO was dismissed. Magistrate Robert Williams said that there was no need for a permanent order in circumstances where “There appears to be little if no opportunity of future incidents”.
Although an AVO is not a criminal offence it will be recorded on your criminal record and may become an issue in regards to future employment. Also AVOs may have an impact on any court proceedings that may be conducted relating to the care of children.
In the event you wish to apply for an AVO due to abuse or family violence you are experiencing, then you should contact the Police immediately.
In the event the Police have made an application for an AVO against you, we strongly recommend that you obtain legal advice regarding the application.
Koffels have a dedicated Family Law practice and can guide clients on a considered approach to events impacting on them as a result of family breakup.