LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Apprehended Domestic Violence Order - Proving False Statements in Application?

Discussion in 'Criminal Law Forum' started by Mike1972, 1 June 2015.

  1. Mike1972

    Mike1972 Member

    Joined:
    1 June 2015
    Messages:
    1
    Likes Received:
    0
    I was served with a, apprehended domestic violence order (ADVO) application that the PINOP has knowingly made false statements that I can prove, eg: Length of relationship,false ownership of materials, as well as lying about the need for ADVO.

    After I found out she had been cheating on me, I sent message to third party via email detailing her actions, no threats or intimidation towards either persons. This caused relationship beakdown between the two and embarrasement and anger on her behalf. No mention of message in ADVO application by PINOP, but has freely admitted that application is in retaliation of message.

    Is this a matter for the Police or Local Court to lay charges after I produce evidence of false statements?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Mike1972,

    An AVO application means that the hearing has not been held and an AVO has not yet been issued. You should have received a scheduled hearing date for he AVO application. You should attend this and dispute the AVO application. During your response, you can bring up the disputed facts and introduce your evidence in support of your version of facts.
     
  3. Anubis

    Anubis Well-Known Member

    Joined:
    6 May 2015
    Messages:
    48
    Likes Received:
    3
    AVO's are funny beasts.

    They are civil in nature and the Ex will only have to satisfy the Court on balance of probabilities that she fears for safety. The content of the email might go to that. Little mistakes are neither hear nor there.

    You also need to be careful that any communication with her (even by another) does not ground an intimidation charge. I would avoid any such communication at this time.

    Is it a provisional order or an application to be heard? If so then conditions will be in place that you must observe.

    Are there associated charge matters?

    You will be given an opportunity to either accept terms, negotiate terms or have the matter set down for hearing. Legal Aid only funds AVO hearings in exceptional circumstances so you will need a lawyer or to go it alone. I always recommend the former for a defended hearing.

    Do you require a firearms license that will be lost if you have an AVO? Are there children that she is trying to keep you away from or is it something that you could live with and which will simply expire at the end of its time?

    Yes making false statements are actionable by private prosecution but would you really want to go there?

    It sounds an awful situation for you but frankly if you can take the heat out of it, it will be better in the long run. Not what you wanted to hear but defended hearings are costly.

    Cheers
    Mel
     
  4. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243

Share This Page

Loading...