Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

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:
    247
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  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:
    247
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Samuelshrestha

    Samuelshrestha Active Member

    Joined:
    14 January 2017
    Messages:
    9
    Likes Received:
    1
    This is sad and frustrating.

    My wife filed domestic violence. I was at work, 3 cops came and arrested me. I've never laid my hand on a woman ever. Our relationship was going downside hectic. So I suggested separation and then went to work that day.

    The cops took me to Redfern Station, took my picture, gave me an AVO and treated me like a criminal.

    I am from Nepal. She sponsored me for a partner visa. She is now withdrawing the PR application. I cannot go to work nor can I go home. I have been living in the streets of Kogarab for 4 days and nights now. I have no money. I am sleeping on the street.

    This is cruelty.

    The police do not know my wife. I know her.

    6 years ago, when I met her, she just got out of a physically abusive relationship with her first partner. I took her in, gave her a place to stay, paid for rent, food and everything.

    Now she did this to me. I think I am going to die soon.
     
  6. MartyK

    MartyK Well-Known Member

    Joined:
    4 June 2016
    Messages:
    116
    Likes Received:
    21
    As you have internet (and telephone?) access, I would suggest that you may like to get in touch with a service such as Mensline Australia 1300 789 978 www.mensline.org.au

    They offer online counselling and can direct you to any services you may need. Hope this helps
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Samuelshrestha likes this.

Share This Page

Loading...