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thread: Have to get an AVO put on a 15yr old

  1. #1
    Registered User

    Dec 2007
    Geelong
    3,438

    Have to get an AVO put on a 15yr old

    As some of you may know we've had problems with a 15yr old boy vandalising our home and other various things. We had another episode last night, it started with prank phone calls, he said he was going to kill DS (this is the second threat). I notified the police about the threat and the officer advised me to go to the Court House on Monday and apply for an AVO against him. Whenever we have had these prank calls something else has always happened later on during the night. I said to DH that I would stay up all night, just had a feeling. Around midnight it started pouring down so thought he's not going to come out in this weather so I went to bed. At 2.00a.m DS15 comes and tells me that he got up to get a drink and heard voices, looked out the front window and saw the boy who also saw DS and took off. He had a backpack, so was thinking he's obviously got something in there and was up to no good. DH who has had bad asthma went down the street while I called the police back. They came straight away, took down details and once again advised me to get the AVO. They went to the boys house around the corner but nobody answered. I had no idea an AVO could be placed on a child. I feel bad doing it but I honestly think it's the only thing that will stop all this.

    Regards,
    Dianne

  2. #2
    Registered User

    Sep 2005
    In the middle of nowhere
    9,362

    Oh Dianne, I hope you guys get a suitable end to this soon.
    I'm not too sure of the finer points of law in Vic, but here in the NT and in NSW a civilian cannot just take out an PVO (personal violence order) against a juvenile - the police must do it. Maybe just give the court house a call on Monday before you make the effort to go down there to check?

  3. #3
    Lucy in the sky with diamonds.

    Jan 2005
    Funky Town, Vic
    7,070

    Could you first maybe drop a letter to the house stating that unless this crap stops you will be forced to place the avo? It might make you feel a bit better if this kid has a choice iykwim?

    On the other hand, could you maybe set up a camera, or even a dummy camera at the front of the house so this little bugger can think twice.

    I'd feel a bit bad too - but not if the kid had been warned and I was losing sleep and worrying about protecting my home/children.

  4. #4
    Registered User

    Dec 2007
    Geelong
    3,438

    Thanks Kim, I will call them first. Lulu after the police rang and told me that nobody answered the door I went myself to his house. The doorbell wasn't working, so knocked on the door and spoke to his mum. This time she was very appologetic and I told her that the police advised me to apply for the AVO and she said "do it". I felt so sorry for her but it came across that she is having problems with him. I honestly thought the same thing, was going to go back this morning and ask her if I could speak to her son to see if he could promise me this would all stop but DH is in hospital. Still not too sure what to do.

    Regards,
    Dianne

  5. #5

    Apr 2009
    Melbourne
    1,069

    Have to get an AVO put on a 15yr old

    You CAN apply for an Intervention Order against a child in Victoria, and don't need the police involved. The application will be heard in the Childrens Court.

    Good luck!

  6. #6

    Dec 2005
    not with crazy people
    8,023

    OH how sad that he's own mum said to do it

    I hope nothing happens tonight hon

  7. #7
    Registered User

    Dec 2007
    Taking a ride on my grdonkey :D
    2,716

    Big hugs to you and your family, Dianne. It's so unfair that you're being terrorised by a bleeding child, it's just awful How terrible that his mum either doesn't care or doesn't feel she has the power to control her son, I kind of feel sorry for the kid in a way, if he's got issues that are leading him to act out like this - just a real shame that he's picked your son and family to pick on
    I know taking out an AVO on a child seems really harsh, but I have read what he's done to you, your kids and your house over the last few months and I have to say that if I were in your shoes, I'd probably do it. What other option do you have, really? If the safety and wellbeing of your kids is at stake, forget that he's a 15-year-old - he's definitely old enough to know better and NEEDS to know that he cannot continue behaving in this manner. Taking out an AVO may be what the authorities need to be able to handle him, their hands are usually tied when it comes to minors but if there is an AVO in place they can take action if he disobeys the conditions of the order.
    Big hugs to you, I'm really sorry you are going through this and are being forced into a corner I hope the matter is sorted out soon and you get some peace.

  8. #8
    Registered User

    Jan 2010
    282

    I would definiently do it, i think? Youve spoken to the mum numerous times about rocking your roof and such, so i think there has been sufficent enough warning. You, your son, your family comes first. Maybe this will make him stop, hopefully and just see what he is doing.... dont know if you can lift the AVO once its been placed but maybe if he stops, you could lift it, so its not there for life for prospective job opportunities? How old is he? Same age as your DS? What a horrible situation, hope you DH gets better!

  9. #9
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    Ring the GEelong Courthouse first thing Monday morning and make an appointment. Is it you that the boy is annoying, or your son? If it's your son, he needs to go down with you and you (as his mother) can make the application on his behalf.

    The Children's Court sits at Geelong - same magistrates etc as the Magistrates' Court, same building - they just announce "Children's Court" at the start of the case rather than "Magistrates' Court".

  10. #10
    Registered User

    Dec 2007
    Geelong
    3,438

    The Police Officer told me to place the order so that he can't come near our property again and also have it placed on DS as the threats to kill were against him. So not sure if it's the one AVO or two seperate ones..

    Regards,
    Dianne

  11. #11
    Registered User

    Jul 2007
    melb
    8,498

    You poor thing, I hope you get AVO all sorted out asap. Hugs your poor DS.

    Sad that the mother encourages you to do it, she must have no options left herself.

  12. #12
    Registered User

    Apr 2009
    in the garden
    3,767

    Hugs Dianne, I hope it all gets sorted & you get some peace it must be horrible for you right now.

    I understand feeling bad about it but you have to put your family first. It might be that this is what this kid needs to make him sit up & take notice? and it does sound like his mum is ate her wits end too.

    best of luck.

  13. #13
    Registered User

    Jul 2010
    sydney
    2,187

    It seems the generations are just getting more reckless as the years go by.. How a 15 yr old could even think to threaten and kill another 15 yr old is beyond me, my mum says that her days were no where near what todays days are like.. im 26 yrs old with 3 boys of my own my eldest is 9 and if my son ever mentions a word containing a threat and the boot will be up his backside...

    His mum has probably been fed up with it for a while to tell you to "just do it"... i feel for her but i feel for your family MORE.. to live in that sort of situation is unthinkable.. your son must be terrified of the possibilities... Its just NOT tolerable... you have tried your hardest to fix the situation but my advise is maybe you really should do the AVO and let this kid know this is not a joke and threats are just NOT on... Prevent the preventable i say... Show this kid who is the BOSS...

    GOODLUCK

  14. #14
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    You apply for it on behalf of yourself, with your son (husband and other children) as associated people. This is one option.

    Or you apply for it on behalf of your son (if the main complaints are assaults on him), with yourself and the rest of your family as associated people.

    It needs to be a Victims of Stalking complaint. Make sure you can show a pattern of abusive behaviour that is likely to occur again.

  15. #15
    Registered User

    Dec 2007
    Geelong
    3,438

    Thanks Divvy, I'm a bit confused on how it works though as up until now the police havn't been able to do anything because we've never been able to prove it was him. So if the AVO was granted and say something happened again, we still can't prove it was him, if that makes sense. Would the police be able to arrest him if he broke the AVO but we can't prove he did it?

    Regards,
    Dianne

  16. #16
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    He wouldn't be allowed to come within a certain distance of you, your son, your house. If you saw him within that distance, then you would need to report it to the police and they may charge him.

    Go see the worker at Court and they should be able to assist you. Certainly the threats against your son (provided you have evidence of them) should be enough.

  17. #17
    Registered User

    Jan 2010
    282

    Get some cameras, cheapo's :-) so you will know if he comes near your house and can report him.. might also further scare him

  18. #18
    Registered User

    Dec 2007
    Geelong
    3,438

    The threats to kill were made via phone and from a private number. The first call I answered and I recognised his voice the second DH answered. We don't really have evidence as such.

    Regards,
    Dianne

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