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NSW AVO - How to Get it Thrown Out?

Discussion in 'Criminal Law Forum' started by Jase, 30 November 2014.

  1. Kasey89

    Kasey89 Active Member

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    The police are putting it through on his behalf and doing an iask check on his phone to trace the blocked number but he answered the calls when I did contact him on private number and I want to know ways of having it thrown out
     
  2. sammy01

    sammy01 Well-Known Member

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    just checking - you guys broke up? You kept calling him? Asked you to stop? But you kept calling him and used a private number so it didn't appear on his phone? So he'd only know who was calling by answering the call? That is harassment.

    Accept the AVO without admission - It won't appear on a criminal record check.

    For the cops to make an application, they have to have good grounds to think that you've been harassing him. They don't do the paperwork for fun... true?
     
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  3. Kasey89

    Kasey89 Active Member

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    We broke up yes! I called him but not a lot on private number to gain back my belongings that were at his place and after he assaulted me is when he went to the police about him getting calls but he would also contact me as well during that time and ask me to meet up with him
     
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  4. sammy01

    sammy01 Well-Known Member

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    Ok all good - but can you see the case the cops will be making against you?

    Now granting an AVO in NSW is on the grounds of probability, not beyond reasonable doubt. Now 'probability' is pretty bloody vague and given AVO's have no criminal implications, unless you have a gun licence or work in security / cops, so the magistrates don't have any real issues handing them out.

    So you can either accept without admission or challenge it. To have a chance at winning the challenge, I'd strongly encourage you to get a barrister and solicitor.. That will cost a few thousand dollars. So is it worth it?
     
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  5. Kasey89

    Kasey89 Active Member

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    Yes I think it is worth to fight cause. I made calls and that yes and looking at the paperwork, they served me not everything is true what they are trying to put against me and I have prove against him. Can it be thrown out if I have reason for the calling?
     
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  6. sammy01

    sammy01 Well-Known Member

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    OK. so you say you have reasons for the calls - He claims that you're reasons were to intimidate/ harass and he feels you were stalking him.

    Have a read
    Applying for an AVO through the Police - Step by step guide

    The most important bit is:
    "someone is intimidating, harassing, or stalking you or your child."

    So it doesn't matter if you were stalking him... What matters is that he felt / thought that you were. Clearly he thinks you were because he went to the cops. So remember, it is on the grounds of probability... (which I think is dumb) but - is it probable that you were stalking him?

    Yes - beyond reasonable doubt? Nope... So is it worth spending thousands defending it? Up to you. But if it were me - I'd accept without admission and steer clear of the guy.
     
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  7. Kasey89

    Kasey89 Active Member

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    He only went to the police after he assaulted me as he knew I would report it and it was the police that filed for it, not him cause he seemed stressed. I didn't stalk him at all I only contacted via phone to get my belongings back as the police said they can't help with that.
     
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  8. sammy01

    sammy01 Well-Known Member

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    Ok - so the police don't do the paperwork just for fun. They have deemed that there are grounds to pursue the AVO. If they think it is frivolous they will refuse to do the paperwork and tell the complainant that they can make a court application independently. So the fact that the cops have taken him seriously hints at the fact that you'll struggle to fight it.

    So here are your options.

    1 - Fight it and self-represent. Spend lots of time learning about court stuff. If you choose this option let us know how you go...

    2 - Pay crazy money for a solicitor to fight it...

    3 - Accept without admission. Now given this will not cost any money and not cause you the stress of learning how to conduct yourself in court - I would suggest it is the easier option.

    Your call - let us know what you decide and how you go...
     
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  9. Timnuts

    Timnuts Well-Known Member

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    Hi,

    I, myself, have and is still in the middle of the same situation. This is really a bad situation to be in with first hand accepting an AVO with the results of accepting the order without admission.

    I, myself, have had the order amended to call and communicate with the consent of my ex-wife but now have learnt a big lesson this was a bad decision. I called her number to talk to the children but she should have supplied a phone to the kids then I would not have to directly call her.

    I called her to try and get the remaining personal property from the property. Mind you, she denied me then threw $20,000 of my personal property in a multiple of skip bins with my good neighbour watching the whole thing. Throughout the day, police won't even charge her after I made a police report.

    I have no rights the cops at SAPOL say to me.

    I called her to sort out property settlement.

    I called her to sort out the divorce.

    All of theses subjects have been reported as harrassment and abuse by her.

    My question is, I was arrested for breach of AVO and on this day, 14 saopl police officers:

    2 being senior constables first class
    3 being senior constable domestic violence police

    And then out of nowhere 2 cars with another 8 unidentified SAPOL police ask me to go on camera for an interview. Said they had a warrant for my arrest but would not produce one for me to read what for. They did not read me my full rights but at the point of if you need a lawyer or call a lawyer,
    I said "I do and I want to call her so she can hear everything over the phone".

    As I went to get my phone from inside the door, I was grabbed and I felt threatened and went to shut the screen door but not lock it. When all five of the police officers, first class and domestic violence police, ripped my screen door right of the hinges. At this point, I definitely felt intimidated. Harrassment and abuse' by SAPOL.

    How hard is it to ask me to just simply come down to the station, no extra stress but this day turned in to a circus for them. Mind you, I certainly did for 2 weeks straight try to call the domestic violence police officer in charge and make an appointment to sort this out without a fuss at all.

    My house was peaceful and at the time. I was asleep and had arranged to come into the station at 3 pm but this was not good enough I was arrested mid-morning.

    Their excuse for the disturbance to my peaceful house was that they finish there shifts at 3. My partner was left destroyed and clapsed on the floor without me to help her as I watched. Her depressed state of mind and anxiety, which affects her breathing and heart pulses, is very high still to this day, as she also was a domestic violence survivor with her ex loading a gun and pointing it at her then restraining her on the floor with a sweep trip and pinning.

    Her chest / shoulder to the ground then, after all that, if that was not enough, threw her 3 metres backwards through the front door and fracturing her elbow. Two surgeries later, she cannot work as a beauty technician, massage therapist, or florist which she has worked hard at.

    These same police officers arrested me for breach of AVO for trying to get on with my life and finalize all ties with my ex. Surprise.

    Let him get away with what he did to her because he claimed self-defence. What a joke SAPOL.
     
  10. Rod

    Rod Well-Known Member

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    Recommend you get legal aid or a lawyer.

    This situation could get messy for you and you have a property claim to sort out. Your partner also potentially has a claim for her injuries.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
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