NSW Breach APVO

[Jaywoo220]

I had an interim apvo made against me in november 2019 due to dispute with neighbours.

I was sent the interim avo by email.

On 17december 19 i could not attend my mention mention and sent through a medical certificate.

On the 18dec i contacted the court nsw 1300 number (you cannot contact court registry directly) and was told the person did not attend and no final order was made. The matter was dismissed. I thought that was the end of the matter.

On 20th Jan 20 , I was arrested for breach of avo.

I never was served the final avo by police before arrest. I was served it on 14-15 feb 20, 25 days after arrest, whilst reporting after remand.

I was never served final avo by email.

Do I have any rights or a defence the the breach of avo?

Is there any relevant case law?

Please help!!!

 

[Jaywoo220]

Anyone?

 

[sammy01]

"I was told the person did not attend and no fianl order was made" doesn't cut it... You need paper.
so someone made a claim of dv against you... Then you approached that person? So tell us about the alleged breach of avo? Now given you have prior criminal history the cops are not likely gonna take this as an oopsy. So give us some more details of the alleged breach of alleged avo and you'll get some more help

 

[Jaywoo220]

You sound like a police prosecutor. There was no breach, but that is not the point of the thread.

 

[Atticus]

On 17december 19 i could not attend my mention mention and sent through a medical certificate.

On the 18dec i contacted the court nsw 1300 number (you cannot contact court registry directly) and was told the person did not attend and no final order was made. The matter was dismissed. I thought that was the end of the matter.

So you missed the first mention (Applicant doesn't need to attend by the way) No final order would have been made if the magistrate accepted your M Certificate as a reasonable excuse for non attendance..... extremely unlikely It would have been dismissed (you either heard wrong or was told wrong info).... Which means the interim order was still active...

2 days later you were arrested for breaches..... So even if there WAS a final order made, you may not have received it the very next day, & until you get something in writing to the contrary, the interim order remains....

You've got nothing to use as a defense on those grounds..... But, if you want to tell us the breaches & restrictions on your interim order, may be able to offer some more

 

[Jaywoo220]

It wasnt the first mention. The first one was adjourned for legal advice. Interim order made at first mention. In November.

I wasnt arrested two days later it was a month later and i was not told of final order.

 

[Jaywoo220]

Final order made 17th december in my absence, without my knowledge. Arrested 20th jan, never served final order.

 

[Atticus]

Final order made 17th december in my absence, without my knowledge. Arrested 20th jan, never served final order.

If you can somehow prove that you were NOT served a final APVO, AND that you were indeed told that the application was dismissed back in Dec 17, then that *may* be a mitigating factor taken into account....

So when you say you "didn't breach" does that mean you believe you didn't simply because you were of the understanding that there wasn't an order to breach, or that the protected person has lied about the breach? ..... If it's the former, then that may well be your undoing anyway, given that at some point (at least) there was an interim order restricting your interaction with this person.

 

[Jaywoo220]

Former, it is alleged i threw a bottle in their direction.

 

[Atticus]

Could be difficult to mount a credible defense given you were aware of the *delicate* nature of the relationship, even if you genuinly believed there was no order, you really aught to have just not been near that person.... Probably the way a magistrate will see it I should think