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NSW Common Assault - How Can I Have AVO Removed?

Discussion in 'Criminal Law Forum' started by Amy bobg, 28 July 2016.

  1. Amy bobg

    Amy bobg Member

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    I was wondering, the police charged my partner for common assault against me. There was one witness but I didn't press charges or make a statement. They also put an AVO for me as the protected person, which I didn't ask for.

    How can I remove the AVO and how can my partner beat the charge of common assault if the witness's statement wasn't what happened?
     
  2. Tim W

    Tim W Lawyer

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    1. Leave the AVO in place, and let it expire naturally.
    Contrary to popular belief, it's not an offence
    to be on the receiving end of an AVO.
    It's when a person breaches an order that it can be an offence.

    2 Quite often, what you get is that the defendant partner gets in touch,
    maybe by by phone, SMS, Facebook or somesuch,
    to try and negotiate the withdrawing of the order.
    The term and conditions of the order, once it's made,
    are not negotiable between the PINOP and the defendant.
    So, just to be clear - while the order is in effect,
    the defendant doesn't get to contact you "just to talk",
    nor to "try and work something out", and certainly not to try and talk you out of it.

    3. If the defendant - the person on the "receiving end" of the order,
    breaches one of the standard conditions of the order - such as
    by contacting the PINOP when the order says not to,
    the can be committing a new offence, separate to the original assault.

    5. Don't lie in court.
    Lying in court, including pretending to not remember stuff,
    can mean that you can be committing separate offences yourself.
    Yes, you, the original Person In Need Of Protection, can end up in separate trouble
    by lying in court.

    6. Even if you lie in court, the Police can often (ie, almost always)
    use your original statement anyway.

    Think about making a visit to your local Community Legal Centre,
    or to your local Domestic Violence Advisory Service
    (which might have a different name, depending on where you live).
     
  3. Amy bobg

    Amy bobg Member

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    I want the AVO to be dropped as we just verbal argument. He didn't physically assault me which is where police have it wrong. I never pressed charges. He shouldn't be in trouble
     
  4. Tim W

    Tim W Lawyer

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    Was the "one witness" you?
     
  5. Amy bobg

    Amy bobg Member

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    No ,a passerby.
     

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