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NSW AVO Taken Out by My Mum - What Can I Do?

Discussion in 'Criminal Law Forum' started by Marilou, 15 July 2014.

  1. Marilou

    Marilou Active Member

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    Hello.
    My Mum took out an AVO ( restraining order) against me to stop me from getting in contact with her in regard to the $8000 dollars that she owes me. She also took out an AVO against all her other children. I have not seen her since March and have never entered the family home. My questions are:
    • What sort of activity constitutes as " harassment" in regard to an AVO?
    • Is notifying someone that you have reported their fraudulent activity considered as harassment?
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Firstly, what state are you in?

    Secondly, does the AVO restrict all contact with your mother?
     
  3. Marilou

    Marilou Active Member

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    I live in NSW and she lives in Brisbane. All contact restricted, except thru the lawyers.
     
  4. Marilou

    Marilou Active Member

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    The
    She took out the AVO in Brisbane.
     
  5. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Ok. You should be careful about making any contact with your mother, even to tell her she's being reported for fraudulent activity, as this could be a breach in itself. It may also constitute harassment, particularly if it's ongoing.
     
    Tim W, Marilou and John R like this.
  6. John R

    John R Well-Known Member

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    I agree with @Owens Lawyers. In addition, if you want to seek repayment of the $8,000, then you should formally make the request via your lawyer and/or her lawyer.
     
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  7. Marilou

    Marilou Active Member

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    So I can still take her to small claims court? She has been trying to contact me even though she has put an avo out on me. I have not replied.
     
  8. Owens Lawyers

    Owens Lawyers Well-Known Member

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    You can take her to court through a lawyer, but if you run your own case and serve a Statement of Claim on her, that could be seen as contact.

    Keep a record of all contact she makes. And you are right not to reply.
     
  9. Toqual

    Toqual Well-Known Member

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    Definitely do not personally inform her that you are serving a Statement of Claim on here. You have the right to do this, permitting you do not breach the AVO in the process. As above posts stated, definitely do this through a lawyer - this will ensure the matter is dealt with appropriately and in accordance of the AVO.
     
  10. Marilou

    Marilou Active Member

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    Thank you all very much. It's been very stressful dealing with all this. I lent her the money to pay for my step dads funeral cost, he passed away in the Philippines. I don't have a written letter saying that I lent her the money and she has to pay me back. All I have is text messages and also a facebook message asking me to pay for it, also I have witnesses but she took out an AVO against them all, I also have stat dec that she asked me write for her so she can get money out of her superannuation to pay for funeral costs.

    My question is do you think I have enough evidence to say that she owes me the money?
    Can I use written statements from my witnesses, as they have an avo against them?
     

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