NSW AVO - How to Get it Thrown Out?

[Jase]

Hi guys ,
I have been having trouble with family member for a while. I was with my daughter driving and saw her and her boyfriend. I pulled over to try talk and reason with them. I tried talking but her boyfriend tried to attack me with his skate board. I was scared and went back to my car. The first thing I grabbed was a hammer. I thought they were gonna hurt my daughter. They then took off. I later that day learnt they had videoed me with the hammer. I went to the police station and made a statement. I gave them my side of the story. The police later put me on a temporary AVO. When I went to court, I told the judge I am fighting it. I later went to court and had an AVO put on them. Well they have still been yelling abuse and threatening me and my family. The police have done nothing. Last month I went back to court to fight their AVO. I waited ages and they didn't even turn up. Later I learnt that the judge had put the case off to next month.

I am the one fighting their AVO. If they don't turn up for hearing, I thought it was meant to be dropped? I have heaps of proof of the stuff they've done and the lies they told police about me. She even went to court on assult charge for someone else. Is it law that if they're not there, the AVO is meant to be thrown out? Can I do more to fight this?

 

[Sarah J]

Hi Jase,

This is a helpful sheet on AVOs by Legal Aid NSW.

It is not necessarily the case that where an applicant fails to show for a hearing, the court will look at the evidence before it and see if there is a case on the facts at first appearance. If so, the court may adjourn the hearing to a later date.

You say above that the police took out a temporary AVO against you. Is this what you are fighting? Who is actually applying for the AVO, your daughter, your daughter's boyfriend, both of them or the police?

 

[Jase]

The police put the avo on me

 

[Sarah J]

Was the adjournment part of normal procedure?

Basically, when you receive an AVO application, you attend court and the judge asks you whether you consent or contest the AVO. If you contest, the hearing will adjourn to a later date when the judge will hear each party's pleadings. In the meantime, the judge may make directions for you (and/or the police) to submit written submissions, any supporting evidence, anything that can assist your case.

Has this already happened?

If you are unclear about the application procedure, I suggest speaking with Legal Aid NSW or your local community legal centre.

 

[William Pholi]

Hi sarah j I'm William i texted my ex a family court date because my grant of aid was refused so I had to serve affadavitt and initiation application myself i texted the place and time on Tuesday and further texted she would receive both my applications by way of email. Which I emailed on Thursday come friday I was served avo papers that my nine year old apparently told her mother that I told her on Monday that I was getting a friend to shoot her incredible lies what can i do present family orders suspended!

 

[Sarah J]

Hi William,

The AVO

Were you served with an Apprehended Violence Order or an application for an AVO with a hearing date? Generally, AVOs are not made without a hearing date and allowing the other party to respond to it.

The Family Court action

An AVO can work together with a Family Court proceeding. Why was your family matter suspended? And was it suspended or just adjourned?

You cannot serve (notify) your ex that you are initiating a Family Court action via text message. You need to personally serve the initiating application (piece of paper from court, or stamped by court, altering the other side of a hearing date, time and place) either by hand or by registered post. There are special procedures that need to be complied with for service of the initiating application (altering your ex that a court action as started for the first time). See: Service of Documents for more information about this.

 

[William Pholi]

My lawyer lodged the court application and affadavitt in the court himself then had my exs copy's stamped as well he photo copyeard them emailed them to me i then forwarded them to ex, it has been ajourned because my grant of aid was refused an appeal has been lodged , the police handed me an application for an avo so at the moment it's an interim with kids on it its ajourned till the 10th June I'm contesting it because they are lies and can prove it which means I have to meet fire with fire by cross examine my nine year old by discrediting her and mother on the stand! That's the bad part about avos vindictive exs using them for leverage in family proceedings but I will bounce back was up till 5 am getting evidence together!

 

[William Pholi]

And thanx your reply Sarah

 

[Kasey89]

Hi all

I put in a report for domestic voilance against my ex and when they questioned him, our stories matched up but said he did it to get away from me and they have decided to try place an AVO on me as he is receiving private number calls from me.

We have both done things to hurt each other and I work in childcare and can't have it go ahead. What are ways I can try have it thrown out before it goes to court?

The police have passed it onto the judge to see if it will be approved or not? Can anyone help?

 

[Iamthelaw]

Hi all

I put in a report for domestic voilance against my ex and when they questioned him our stories matched up but said he did it to get away from me and they have decided to try place an avo on me as he is receiving private number calls from me. We have both done things to hurt each other and I work in childcare and can't have it go ahead. What are ways I can try have it thrown out before it going to court. The police have passed it onto the judge to see if it will be approved or not? Can anyone help me with advice?

At first instance an AVO is a civil matter, not criminal, therefore it won't show up on a criminal record check unless you are convicted of breaching it.

Having said that, because a person is receiving calls from a private number (whilst not knowing for certain it is you who is the caller) is not grounds for an AVO. Your options are to a) consent to the order b) challenge the order or c) you and your partner give mutual consent orders to refrain from certain behaviour (no formal order is put in place in this instance).