Hemiro and Ramos and Ors

The parties to this proceeding were Hemiro (the applicant) and Ramos and Ors (the respondents). The dispute concerned an application for an apprehended domestic violence order (ADVO) made by the applicant against the respondents. The matter was heard in the Local Court of New South Wales.

The primary legal issue before the court was whether the applicant had established, on the balance of probabilities, that the respondents had engaged in conduct that constituted a domestic violence situation as defined by the relevant legislation. This involved assessing the nature of the relationship between the parties and the alleged acts of violence or intimidation.

Judge McGuire found that the applicant had not discharged the onus of proof required to establish the grounds for an ADVO. The court considered the evidence presented by both parties and concluded that the applicant had failed to demonstrate, on the balance of probabilities, that the respondents had engaged in conduct that placed the applicant in reasonable fear for their safety or that constituted intimidation. Consequently, the application for the ADVO was dismissed.