NSW Can We Have Domestic Violence AVO Withdrawn?

[expak456]

Hey guys,

Just seeking some legal help for a domestic violence AVO against my dad.

My dad and mum got into a physical altercation where my dad hit my mum several times. Neither myself nor my mum gave statements. My dad has had his hearing and pleaded not guilty. My mum has admitted to exaggerating some of the details of the night as well as the severity of the abuse and has since reconciled with my father.

My father has no history of physical violence. Aside from going to the officer in charge and giving statements, is there anything that my mother or I can do to help have his AVO withdrawn or have his trial overthrown?

 

[Iamthelaw]

Hey guys,

Just seeking some legal help for a domestic violence AVO against my dad.

My dad and mum got into a physical altercation where my dad hit my mum several times. Neither myself nor my mum gave statements. My dad has had his hearing and pleaded not guilty. My mum has admitted to exaggerating some of the details of the night as well as the severity of the abuse and has since reconciled with my father.

My father has no history of physical violence. Aside from going to the officer in charge and giving statements, is there anything that my mother or I can do to help have his AVO withdrawn or have his trial overthrown?

There's an AVO in place (either interim or final) and they've reconciled? You know this can lead to more charges?

These types of situations require a certain degree of caution and care given the parties involved - I would urge your parents to seek legal advice, from separate lawyers.

 

[expak456]

Sorry, I meant that he is on bail and awaiting trial for an AVO.

 

[Iamthelaw]

Sorry I meant that he is on bail and awaiting trial for an AVO.

This doesn't make sense to me.

He would be on bail facing charge/s. There would most likely be an interim AVO in place given the circumstances and I gather he'd be contesting it.

 

[expak456]

Sorry, I am a bit unfamiliar with the legal terminology. He has an interim AVO which has conditions that allow him to live and interact with myself and my mother. He is on bail facing charges and is contesting it. The only witnesses of the incident are myself and my mother but we never gave statements.

I was wondering aside from doing that what else we could do to help my father contest these charges.

 

[expak456]

Sorry I am a bit unfamiliar with the legal terminology. He has an interim AVO which has conditions that allow him to live and interact with myself and my mother. He is on bail facing charges and is contesting it. The only witnesses of the incident are myself and my mother but we never gave statements. I was wondering aside from doing that what else we could do to help my father contest these charges.

... or have the charges dropped.

 

[MartyK]

@expak456 - it might make things a bit easier to understand if you can inform us as to who reported the alleged assault?

You said that your mother was allegedly struck several times by your father. Did this result in medical attention for your mother? You said neither your mother nor you have given any statements. Obviously some information, from someone (?), was imparted, for your father to have been charged and on bail?

 

[expak456]

@expak456 - it might make things a bit easier to understand if you can inform us as to who reported the alleged assault? You said that your mother was allegedly struck several times by your father. Did this result in medical attention for your mother? You said neither your mother nor you have given any statements. Obviously some information, from someone (?), was imparted, for your father to have been charged and on bail?

I called the police because I could not physically restrain him on the night of the incident. My mother refused medical attention as she said she was okay. No bruises or pain was felt. My mother and I both gave accounts on the night of the incident but we refused to give statements because it was very late and my mother was in no state to give a statement.