NSW Advice regarding ADVO

Discussion in 'Criminal Law Forum' started by AdriftAnnie, 13 July 2018.

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  1. AdriftAnnie

    AdriftAnnie Active Member

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    Hi there,

    My husband is in custody for breach of advo and bail conditions. I am the PINOP in the advo, but I would still like to be informed about his wellbeing.

    I do not feel ready to book a visit yet as I am sure he is angry with me for calling the police regarding his threats and harassment so I have asked his lawyers to keep me updated.

    They keep brushing me off however and tell me to seek my own legal advice. Is this normal practice? We have young children and I simply want to know how he is coping.

    Would just like someone to tell me if it normal for his lawyers to do this or if I should continue to press them for information?
     
  2. Tim W

    Tim W Lawyer
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    In his mind, he's in gaol because of you.
    But he's wrong.
    He's in gaol because he breached the order and breached his bail conditions.
    It's all of his own making. Yes, it really is.
    No, you have not contributed to/ been a cause of/ been at fault for/ etc
    any of this.

    His lawyers have no business speaking to you.
    When they tell you to get your own legal advice, they are correct.

    In any event, it's often a term of an order of this type
    that the restrained person not contact you.
    Which can mean that he can't necessarily accept a visit request even if you book one.
     
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  3. AdriftAnnie

    AdriftAnnie Active Member

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    Thank you Tim. It’s nice I have some reassurance that this isn’t my fault.

    While I do understand that his lawyers don’t want anything to do with me, I just thought on a basic human level that they could understand how concerned I am for his welfare and that I just want to know how he is coping in custody.

    There isn’t a no contact order on the advo so I can visit, but like I said, I know he will be blaming me so I’d rather not attempt a visit at this stage.

    Thanks for your response. It was most helpful.
     
  4. sammy01

    sammy01 Well-Known Member

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    solicitors have rules, so I understand your thinking about on a 'basic human level' but that assumes solicitors are human, see the problem... Oh ok, it is more that they have rules. They represent him, they cant talk to you. It is just a rule...

    Ok, so you had an avo against him... he breached it. My advice to you is end the relationship and organise reasonable child access when he gets out.

    My advice to him is the end the relationship and organise reasonable child access when he gets out. Look people and relationships never change. He gets out, comes lives with you, there will be another argument, and he will go back inside, next time for longer.
    cheers
     
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