NSW ADVO Not wanted, its destroying my life.

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8 October 2019
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Hello,
I am married to a man who has mental health issues, I also have PTSD and as a result we have bhoth suffered depression and anxiety over the years, we generally are very supportive of one another and encourage each other to seek assistance if and when required for our own selves and our health. Recently my husband had a snap and lost his temper, as a result I fully panicked and called police , hoping that they would take him and get him some mental health help. I was frightened at the time, I also was really made to believe that if I provided a statement that they would get my husband mental health help and counselling through the court system. Instead they charged him, and placed a 2 year advo on him and myself, resulting in him having to vacate and leave the country to go back to his homeland in order to afford to live. We have a mortgage together have been married for 12 years and hit rough times due to unemployment and my depression over a friends suicide that really shook me. Neither of us want the adcvo, nor do we agree with the harshness of it, it state3s that we cannot communicate a t all except through a lawyer, and that he is not allowed to come back to his own home, for which he ownsand is a mortgagee. This is not only extremely emotionally distressing and hurtful , it is punishing us financially also, and now he is in a country where there are not alot of options to get mental health help unless you have money. I am struggling to deal with this, and would like to know what I can do from here to have this revoked or reduced to a lesser timeframe or lesser degree of harshness. I have approached police to try to explain my situation, they were extremely hostile and rude and also threatened that if i contested this they would make it even more difficult for us both. My only other option is to sell my home and go to where my husband is, but even doing that is going to be a very big challenge due to the restrictions that have been placed upon us. This has not only impacted my mental health and well being, but has also impacted my ability to keep and maintain my home. Is there any way I can have some help and understanding in this matter. Also my husband was taken to court the next morning and was told to accept all charges and the advo by aq legal aid lawyer. He did not realise the consequences of accepting, nor did he understand the depth of what was happening due to his state of mind, the police knew there were mental health issues, yet they did not seek any assistance. Where do we stand legally, how can I get help? Thankyou.
 

sammy01

Well-Known Member
27 September 2015
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you should go see the clerk of the court where the avo's were handed down and see if you can have them amended so you guys can live together / talk etc etc. BUT you need to be careful, any more contact with the police is going to see someone go to the big house
 
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waterbottle7

Active Member
21 March 2017
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Wow this sounds very serious. Don't you agree that making him go to hospital for referrals or evaluation would be best? Psychiatric help is at an all time low but the police aren't psychologists or psychiatrists. The police will never benefit you or as you so desire through making a victim statement because certain words will only amplify or exaggerate your situation especially if there's an accused or defendant. I wouldnt rely on a state appointed lawyer, they will tell you whatever sounds easiest and most co-operative. It's probably best to try to get this amended/appeal but you may need a decent lawyer if you take it back to court..Argument being statements made under extreme distress (friends suicide, mortgage, PTSD, etc). Tread carefully though, and I'm not a lawyer. Sorry to hear this, best of luck with everything..
 
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au. saysno

Member
8 October 2019
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Wow this sounds very serious. Don't you agree that making him go to hospital for referrals or evaluation would be best? Psychiatric help is at an all time low but the police aren't psychologists or psychiatrists. The police will never benefit you or as you so desire through making a victim statement because certain words will only amplify or exaggerate your situation especially if there's an accused or defendant. I wouldnt rely on a state appointed lawyer, they will tell you whatever sounds easiest and most co-operative. It's probably best to try to get this amended/appeal but you may need a decent lawyer if you take it back to court..Argument being statements made under extreme distress (friends suicide, mortgage, PTSD, etc). Tread carefully though, and I'm not a lawyer. Sorry to hear this, best of luck with everything..
Well said l have to agree with your response sounds very logic