NSW Can I Contest an AVO Served by Ex?

[Frank van den Berg]

Good evening,

3 months ago I was served with an AVO. Every item on the AVO was either a complete lie, or parts thereof were lies. I was told by the P.C. who served me the AVO that because it was an 'interim' AVO, I was not bound by the terms of the AVO until it was adjudicated in court.

I emailed my ex-partner (who had requested the AVO) that I would be able to prove that everything in the AVO were lies. However, she had me arrested, because...as I found out...I WAS bound by the terms of the AVO!

When I went to criminal law court, I did not contest the AVO, having it adjudicated as "No Contest, With No Admissions". On the 'breach' of the AVO, I pleaded "Guilty, With Reason". The magistrate adjudicated 12 months Good Behaviour. I am all ok with that. However, can I, at any stage during these 12 months now contest this AVO, and provide the proof that the AVO is based on lies?

 

[Tracy B]

Hi @Frank van den Berg,

To confirm, you accepted the facts supporting the AVO (that was provided by your ex), you did not object to this at any stage, you pleaded guilty to breach of the AVO conditions, and you only now want to challenge the AVO?

You can contest it, however, the judge will unlikely be willing to hear your application (judges do not like to reopen decided cases unless there are material changes in fact between then and now). If the judge does agree to hear your application, you will need to explain why you accepted the AVO at the very beginning, why you did not contest the facts even though you had many opportunities to do so, why you pleaded guilt to the breach and why only contest this now.

Given the fact you did not oppose the facts at the very beginning (unless you only just found out the facts supporting the AVO are false, and were so significantly false that the court should not have granted an AVO in the first place) and did not bring your objections to the court's attention at the beginning, or in the breach hearing, your application's credibility will be greatly undermined.

I suggest you speak with your local community legal centre about this as soon as possible.