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NSW Does Police Need Evidence to Issue APVO?

Discussion in 'Criminal Law Forum' started by nesmeme, 30 June 2016.

  1. nesmeme

    nesmeme Member

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    Hi all,

    Need help with a personal matter.

    I was sent an APVO notice from someone I had just one interaction where I was a customer. This APVO was taken by Police on their behalf. I have hired a lawyer who thinks their case is frivolous and have sent a letter to Police to withdraw the case and currently awaiting their reply.

    There are no charges or an interim APVO and application has a version of the event that it's hard to fathom how Police were able to make any conclusions whatsoever. The officer who applied for APVO is on probation and my lawyer thinks they had no grounds for lodging the application.


    Now my question:

    Are Police required to have any evidence or witness statement before going ahead with an APVO? If so, can I claim costs because there is simply no possibility of any evidence favouring vexatious claims made in the application?

    Thanks
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Hi Nesmeme,

    These are questions that really should be answered by your lawyer as they know the details of the matter. However, in short, you cannot get costs unless it can be demonstrated that the Police made the application knowing it contained matter that was false or misleading in a material particular.

    Regards,
     
  3. nesmeme

    nesmeme Member

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    Thanks.

    How about whether they need to have any evidence at all?
     
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    They would at the very least need a notebook statement. So yes, a complaint would need to be made.
     

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