Gay couple separated by police AVO

Gay couple separated by police AVO

Greenacre pensioner Lance Tyrrell has been separated from his same-sex de facto partner after an Apprehended Violence Order (AVO) was taken out against his partner ­— against his wishes.

Police came to their shared home on the night of March 5 af

ter Tyrrell was allegedly assaulted by his partner, for whom he is a carer.

But while Tyrrell told the Star Observer he was happy for police to remove his partner on the night, he claims he told them he did not want an AVO taken out and would speak to them the next day.

As a result, Tyrrell has not seen or spoken to his partner in seven months, and his partner will not legally be allowed to be in his presence for another five months without risking a jail term.

Tyrrell has been told that it would take longer than five months for the AVO to be lifted should he take the matter to court.

He said police warned him off speaking to his partner during the AVO process and that he was not told that he could speak to a Gay and Lesbian Liaison Officer (GLLO) or that a police officer should have been appointed to liaise with him.

Tyrrell said he has suffered significant financial hardship as a result of the AVO, having to care for two dogs that belong to his partner, who is not present to pay his half of the bills.

All Tyrrell’s requests to alter or lift the AVO have been refused.

“Bankstown Local Area Command is committed to reducing the levels of domestic and family violence, and to improving our responses to victims of this complex crime,” Bankstown Local Area Commander Supt David Eardley told the Star Observer.

“The issues involving Mr Tyrrell have been dealt with by the Bankstown Local Area Command Domestic Violence Team in accordance with the Investigation and Management of Domestic and Family Violence Standing Operating Procedures.”

Eardley said Tyrrell has been provided with contact numbers for a number of support services in line with Standard Operating Procedures but did not deny he had not been offered the opportunity to speak to a GLLO.

“In respect to the Apprehended Violence Order, if Mr Tyrrell is not satisfied with the current conditions of the order, he has the option of making application to the court to either revoke or vary the Apprehended Violence Order,” Eardley said.

“Police have a duty of care to the Community. Police will apply for an Apprehended Violence Order if they hold fears for the victim’s safety regardless if the victim requests it or not.”

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11 responses to “Gay couple separated by police AVO”

  1. Unfortunately this article – and some of the comments – contain some out and out falsehoods. If police hold fears for the safety of the victim they MUST take out an AVO – http://www.austlii.edu.au/au/legis/nsw/consol_act/capva2007347/s27.html . This is not rare – it happens everyday of the week. These are provisional orders – they hold until the court date – generally 14 days. At that point, if both parties attend and request the AVO to be lifted, it generally will be. Again – this happens every day – much to the frustration of police who almost inevitably end up attending further domestic violence incidents with the same couple. Additionally, most of these AVOs don’t actually bar the person from seeing the victim – only from assaulting, harrasing and/or stalking them – it will depend on the individual situation – soem might bar the person form approaching the victim within x hours after drinking alcohol , for example, but not at other times.
    The reason the law works this way is that far too many DV incidents in the past ended up as homicides after police used their discretion and let seemingly resolved matters lie. If a court – and it is the court, not the police – upheld an AVO opposed by both parties they’d have to have a pretty compelling motivation. I suggest the story might be a bit more complicated that that given above – they usually are.

  2. @ Daniel in DC – you are right that AVOs are like restraining orders in the US.

    to my knowledge police are not required to file an AVO. In fact, the AVO process requires a court hearing and you need to be able to show that you are in fear for your personal safety – so if it was a one-off incident it is unlikely that an AVO would be taken out.

    i work in the DV sector and most women I work with decide not to go through with the AVO process, so none is taken out. it is unusual but possible for the police to apply for the AVO without your consent.

  3. Thanks for the follow-up Peter, I know that tempers can flare and ‘time-outs’ are needed; however, I am assuming AVOs are like Restraining Orders in the US (may be wrong). If there was no pattern of abuse and no immediate danger after the fact and the partners did not want an AVO, are the police required to file one? I can see where a homophobic officer wants to make their life miserable by forcing this on them, but on the otherhand if the police are required compelled to file one by law (because a carer was involved) or otherwise then I can see no fault with it. This certainly does not appear to be an absolute right-or-wrong situation. I hope they can work things out and hope that the police were only doing their job and not attempting to work against the situation.

  4. The Police Officer is right – go to the court if you want the AVO varied.

    Equal under the law means equal treatment – let’s not have special pleadings because they are a gay couple.

    Why the SSO decided to publicise a domestic argument – with all the perils of he said/he said – is a mystery. Get a lawyer Mr Tyrell, not a publicist.

  5. What’s a carer in Australia? My experience with the careing industry in 2000 was a bunch of middle aged women hell bent on damming all into hell and could not be trusted. They presurred their clients to accept their own beliefs while being denied any chance of survival. They should have been shot! instead, our champion of gay rights protected these guilty vultures.

    Now where’s the trust in that one & how is this reflected in any study? Who wants to play with this chalice?

    P.S, A medal needs to be returned,

    Regards,

  6. Beg to differ Oliver, but I respect your opinion.

    If the Police arrive after a complaint is made, and they know you are Gay here in darkest Brisbane, and see that the offender is quiet and orderly….They will do nothing.

    We have frequently observed that, if it’s a heterosexual with children or a woman, they will go to great lengths to help one of their own.

    Queensland is still a very homophobic place. It wasn’t so long ago that Gay’s were stripped searched in Brunswick Street, Fortitude Valley, marched off to the nearest cash withdrawal machine, given a thump behind the ear and told to get home.

    Almost daily we see citizens being searched in the above area, and their private Centerlink details recorded.

  7. If it came to the point that he needed to call the police then obviously it was not the first time he was assaulted. When you scream out for equality, then thats what you get. Your treated no differently to a heterosexual domestic violence situation. This has been one of my arguments all along. There needs to be laws to protect Gays from other Gays. Im glad the police took action and did the right thing.

  8. Thanks Daniel for your question.

    A Carer is a husband, wife, family or friend who cares for sick, elderly or disabled people or someone who is close to them, (loved ones). Most of them live in the same home.

    They can be on call 24 hours a day, and work very hard, sometimes in frustrated tears and ongoing anguish.

    The pay cheque from the Federal Government is paltry indeed, as little over $50 per week.

    This money is supposed to pay for Gas/petrol, hospital insurance, linen, adult nappies dental,,,I’m sure you get the picture.

    In most cases Carers get nothing out of it, a few pennies for gas maybe.

    Carers also get a lump sum from the Government of $1,400.00 at the end of the financial year. Not nearly enough to pay for urgent dental work.

    Good luck Daniel.

  9. For Carers, it’s the same old story.

    Heterosexuals speaking for us and about us.

    If the Police claim they have a duty of care, they must appoint a GLLO officer. That officer will still be a police person, and from our experience added humiliation and a complete waste of time.

    It’s about time the Federal Government backed up their claims, “That Carers are very important to the community, and must be treated with dignity and respect”.

    You will find these glossy phamphlets in every government office about the important of Carers.

    There are never any funds to back up this glossy hype, and there are many incidents were elderly Carers are intimidated, stood over and bullied by government officials including police, who seem to know what is best for us.

    Taxes must be shared equally with Carers and their clients, not just to fill the pockets of heterosexual couples and maternity leave claiments.

    If Carers went on strike the government would be in plenty of trouble with hospitals being overloaded, but we too big hearted to do that.

  10. Girlfriend needs to talk to a lawyer, or legal aid if he can’t afford one. I would before I copped an AVO against my partner which I didn’t feel was warranted and affected my livelihood