The District Court confirmed that dismissal of criminal domestic violence charges does not preclude the making of a final ADVO on the same factual matrix, given the lower civil standard of proof under s 16 of the Crimes (Domestic and Personal Violence) Act 2007. The Court granted leave to the Crown to adduce as fresh evidence the balance of a DVEC recording not played in the Local Court, holding that the 'interests of justice' test under s 18(2) of the Crimes (Appeal and Review) Act 2001 is broad enough to permit evidence relevant to the ADVO proceeding even where it was excluded from the criminal trial by forensic choice, particularly where it bore on the safety of children. The Court independently found the s 16(1)(a) precondition satisfied for the PINOP and the s 16(1)(b) precondition satisfied for the children, including on the basis that exposure to domestic abuse perpetrated against the PINOP constituted intimidation of the children within s 6A(3) of the Act.
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