NSW Breach Of AVO Going To Court.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Startledone

Active Member
30 August 2020
13
0
31
I was wondering if someone could help me understand a scenario and what can be done.

So let's say there's 2 PINOPS P1 & P2.

Whilst going to court for mention for P1, P2 is covered by an AVO up to 100m away from her work place.

I parked my car not far from P2 work place and stay in court the whole day then return to my car and leave.

Police do compliance check on P2 even when she's the PINOP. P2 tells police she identified my car.

I cop a charge for avo contravene.

My question is, given the AVO that covers P2 for 100m from her workplace the court is within the 100m.

It didn't matter what I was going to do that we're going to get me for it but shouldn't the matter have been moved.

I just find it appalling because at the end of the day for my GPS on my phone shows I spent the whole day in the court.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
at the end of the day for my GPS on my phone shows I spent the whole day in the court.
Trouble with that is it is just shows your phone spent the whole day at court, doesn't prove you were with it the entire time.

So you're saying, PINOP 2 has made a complaint that your car was spotted within 100 metres of her place of work... That's all, she's not alleging anything else?
 

Startledone

Active Member
30 August 2020
13
0
31
Trouble with that is it is just shows your phone spent the whole day at court, doesn't prove you were with it the entire time.

So you're saying, PINOP 2 has made a complaint that your car was spotted within 100 metres of her place of work... That's all, she's not alleging anything else?
Yep.

She saw my car, she got anxiety went to the doctors.

Meanwhile she's at every mention without fail
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Can only suggest that at the hearing you try to mitigate the circumstances by making it clear that you were required to attend court on that day, hence your reason for being there.... Are you are absolutely sure it's within 100 metres?

In any case, as the allegation is not one in which the PINOP was placed in any threat of harm, the consequences should be minimal