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Not being served with final order is one thing ...It is proven i was not served the final avo before arrest. I have an email from the court registry confirming this
BUT
You are going to need some proof that the it was actually dismissed... Then you could argue that to the very best of your knowledge, there was no order....I was told the person did not attend and no final order was made. The matter was dismissed.
Still be questioned about the bottle throwing allegation though. So may still come out of it with a APVO
Ok so you had an interim avo on you. No final order made means the AVO stands. You were within bottle throwing distance of the applicant? Seems to me that is gonna be a breach of avo even if the bottle wasn't thrown.
I have concerns here. So you didn't attend on 17th Dec - Doctor's certificate - but the following day you reckon 'someone' told you that applicant didn't attend. One they don't have to. TWO they were probably told it was gonna be adjourned because YOU had a DR certificate. Of course it wasn't made into final orders. WHY - because you asked for it to be adjourned.
I have concerns here. So you didn't attend on 17th Dec - Doctor's certificate - but the following day you reckon 'someone' told you that applicant didn't attend. One they don't have to. TWO they were probably told it was gonna be adjourned because YOU had a DR certificate. Of course it wasn't made into final orders. WHY - because you asked for it to be adjourned.
Sammy 01 - Are u a troll?
I live accross the road from the applicant.
Of course they have to , it is their job as court registry to provide that info.
I only provided mc on the day so the applicant would not have had forewarning.
It was not adjourned. The final order was made without my knowledge.
I live accross the road from the applicant.
Of course they have to , it is their job as court registry to provide that info.
I only provided mc on the day so the applicant would not have had forewarning.
It was not adjourned. The final order was made without my knowledge.
yeah mate I'm a troll. That is why I've spent the best part of an hour punching the keyboard to help you. I'm trying to help you...
You had an interim avo made. It stands until a magistrate tells you differently, not someone over the phone. This isn't play school this is the law. You get a piece of paper at the end of it to tell you the rules. If your defence is "but someone on the phone said" you're stuffed. Do you have a customer reference number? Did you get their name?
So my experience with child support among other govt agencies is there is always a record kept. So if you call the register and ask if they can check the records for the conversation on the date you claim to have been told the AVO is cancelled, you might get some joy. Yup - I'm a troll. Giving you advice on how you might be able to get out of this. So call the registry on Monday and ask if there is any record of anyone telling you the thing was dropt. I'm thinking you'll find you mis-understood.
So you have an email that proves you were not served the final avo? means nothing. WHY? because you have nothing to prove that the interim avo was dismissed (other than you saying 'someone' told you so - which isn't a defence).
So what now? Well where are you up to? You have been charged with breach avo? What I'm getting at here is you really have nothing to go on as far as undue process. ANd something you wrote above worries me. "I only provided mc on the day so the applicant would not have had forewarning. " To what benefit? For what purpose? to make them take a day off work to attend court? To screw them around? Hmm. Seriously, if it isn't any of those options, please tell us so we can try and help you, not troll you... I'm guessing MAYBE you could argue that the breach of the avo was a result of not being sereved the final. But 'your honour, i threw the beer bottle because I didn't have the final avo to tell that I wasn't allowed' isn't gonna be all that good. You're gonna need to establish you didn't throw it, you were not there, you didn't even speak to the neighbour.
So your original question was 'do you have any rights' YEP. A defence? YEP.
You have the right to plead innocent and if you didn't do it, then there is your defence. But IF you did anything that breached the avo then your stuffed (UNLESS - as mentioned above you can get some documentation from the registry to say they informed you that the thing was dismissed).
You had an interim avo made. It stands until a magistrate tells you differently, not someone over the phone. This isn't play school this is the law. You get a piece of paper at the end of it to tell you the rules. If your defence is "but someone on the phone said" you're stuffed. Do you have a customer reference number? Did you get their name?
So my experience with child support among other govt agencies is there is always a record kept. So if you call the register and ask if they can check the records for the conversation on the date you claim to have been told the AVO is cancelled, you might get some joy. Yup - I'm a troll. Giving you advice on how you might be able to get out of this. So call the registry on Monday and ask if there is any record of anyone telling you the thing was dropt. I'm thinking you'll find you mis-understood.
So you have an email that proves you were not served the final avo? means nothing. WHY? because you have nothing to prove that the interim avo was dismissed (other than you saying 'someone' told you so - which isn't a defence).
So what now? Well where are you up to? You have been charged with breach avo? What I'm getting at here is you really have nothing to go on as far as undue process. ANd something you wrote above worries me. "I only provided mc on the day so the applicant would not have had forewarning. " To what benefit? For what purpose? to make them take a day off work to attend court? To screw them around? Hmm. Seriously, if it isn't any of those options, please tell us so we can try and help you, not troll you... I'm guessing MAYBE you could argue that the breach of the avo was a result of not being sereved the final. But 'your honour, i threw the beer bottle because I didn't have the final avo to tell that I wasn't allowed' isn't gonna be all that good. You're gonna need to establish you didn't throw it, you were not there, you didn't even speak to the neighbour.
So your original question was 'do you have any rights' YEP. A defence? YEP.
You have the right to plead innocent and if you didn't do it, then there is your defence. But IF you did anything that breached the avo then your stuffed (UNLESS - as mentioned above you can get some documentation from the registry to say they informed you that the thing was dismissed).
Sorry mate, thanks for the reply. I did not mean to get you riled up or be rude. I am just stressed.
I only provided the medical certificate on the day because i was ill, not for strategic reasons. When you contact the local court registry, you go through to the local court contact centre, which is not the individual registry.
I emailed the local court registry, and they confirmed i was not served the final order.
I was not arguing with that neighbour with the avo. It was another neighbour after her son through something on the house roof. They are friends with each other. So whilst I was arguing with that neighbour, the one with the avo came out and stood next to her and they then phoned the police. I did not leave the boundary of our property.
I was assaulted by these neighbours, once on the 4oct 19 and by up to 7 of them on the 14th oct 19 when i suffered fractured ribs and other injuries. The police did nothing as usual.
Apologies, it is very complex
I only provided the medical certificate on the day because i was ill, not for strategic reasons. When you contact the local court registry, you go through to the local court contact centre, which is not the individual registry.
I emailed the local court registry, and they confirmed i was not served the final order.
I was not arguing with that neighbour with the avo. It was another neighbour after her son through something on the house roof. They are friends with each other. So whilst I was arguing with that neighbour, the one with the avo came out and stood next to her and they then phoned the police. I did not leave the boundary of our property.
I was assaulted by these neighbours, once on the 4oct 19 and by up to 7 of them on the 14th oct 19 when i suffered fractured ribs and other injuries. The police did nothing as usual.
Apologies, it is very complex
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