NSW AVO questions! please take the time to read

[Tom19979]

Dear everyone
Long time lurker first time poster. it is a long post so apologies in advance!
I would like some advice. I have seen a lawyer already. Short story is, Iv been alleged by my work that sent some inapproriate emails which were intimidating and threatening as a result they fired me and in the letter said due to intimidating, threatening behaviour the NSW police will be in contact with me. Im 40 and never did anything like this, I'm a nice guy. Back to the events. So it's been 3-4 weeks now but the NSW police havent contacted me. Then i got a call this afternoon from the police saying there is a summons to court- i check on the NSW court listings and my name is on it and there is a AVPO. It lists at 9:30am, but all the court listing for that day is 9:30am.

Had a few questions in regard to this


1. Can I just accept the AVPO without going to court, i just want it over with.

2. I understand i can offer undertakings instead; if i ask they refuse then can i just say I accept the AVPO without admission of guilt (i just want this all done in the same day)

3. Wondering who exactly would be there-my colleague and their lawyer, but will their family be there as well

4. Am i allowed to bring a family member/support person

5. I noticed court proceedings are published in NSW caselaw. Will the result of this be published?

6. Does the media usually get involved in AVPO (obv i want to avoid newspapers), any recommendations of avoiding them; like back doors to court, or going to toilet changing shirt and then walking out with glasses.

7. I noticed the nsw court listing says private...does this mean the police did not want to do it on the person's behalf? Why would they do this? I'm worried about getting charges against me like usage of a miscarriage service to cause harrassment. It has been 3-4 weeks since they fired me, does this suggest that the police feel like they won't press charges and they have asked the person to file a AVPO privately?

8. At the hearing, will the magistrate say the all the allegations or just go direct to do I want to accept the AVPO?

9. The lawyer i saw about has been a police prosecutor, magistrate himself, policeman etc. Is it wise to go with him, or go with a lawyer who don't know the police etc (i wonder if he may have brushed ppl up the wrong way- i dont think he has.seems like a nice guy but says things as they are)

10. How much do lawyers normally charge for an AVO- if it is too much i might go by myself, but im not confident about finding the right room etc,


(sorry about all the questions- I am just worried mainly about question 7, and i'm planning to ask my lawyer on Monday but hes away till then) Cheers!
are avpo criminal charge?

 

[sammy01]

What was the nature of the emails?
You can bring a family member to court. The applicant might be there, might not.
You have 2 options.
1. Accept without admission. Nice easy, you will have to attend court, but it will be reasonably painless.
2. Defend it. What are the chances? no idea. You need a solicitor for this one and if a solicitor suggest you accept without admission, then take that advice. To get a solicitor to take this through court is gonna cost thousands, possibly 10's of thousand $$$.

Question 7. It would appear that the applicant made the applicaiton, not the police. This gives me reason to think the cops didn't take it seriously.

 

[Tom19979]

What was the nature of the emails?
You can bring a family member to court. The applicant might be there, might not.
You have 2 options.
1. Accept without admission. Nice easy, you will have to attend court, but it will be reasonably painless.
2. Defend it. What are the chances? no idea. You need a solicitor for this one and if a solicitor suggest you accept without admission, then take that advice. To get a solicitor to take this through court is gonna cost thousands, possibly 10's of thousand $$$.

Question 7. It would appear that the applicant made the applicaiton, not the police. This gives me reason to think the cops didn't take it seriously.

Thanks for the reply, given it is a private application, what are the chances the applicant isn't there? Can their solicitor just represent them? I thought the applicant had to be there always? Is there any way to find out?
I've never been to court so I am a bit worried about knowing what time it is scheduled and inside the court when to speak or even where to sit! Thanks

 

[Tom19979]

also forgot to mention in the notice of court attendance it say they used a 'kit' AVPO. Does that mean they filed it themselves without a solicitor/lawyer or they will likely attend the court
thanks